Coliseum Area Specific Plans RFP City of Oakland

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					                                      Table of Contents

I. Introduction                                                                                3
         A. Background and Setting                                                             3
         B. Purpose and Intent of the Specific Plans and Related Environmental Impact Report   4
         C. Site Constraints                                                                   6
         D. Adjacent Uses and Existing Conditions                                              6
         E. City/Agency Goals                                                                  7
         F. Principles                                                                         8
II. Proposal Information                                                                       9
         A. Consultant Qualifications                                                          9
         B. City Participation                                                                 9
         C. Required Format of Project Deliverables                                            9
         D. Ownership of Materials and Originals                                               9
         E. Compensation                                                                       10
III. Scope of Services                                                                         10
         A. Summary Information                                                                10
                  1. Project Schedule                                                          10
                  2. Coordination with Other Studies and City Agencies                         10
                  3. Coordination with Other Agencies                                          10
                  4. Coordination with Professional Sports Franchises                          10
                  5. Meetings and Hearings                                                     10
         B. Specific Plans for Coliseum City & Airport Business Park                           11
                  Task A. Gather and Review Existing Information                               11
                  Task B. Existing Conditions and Opportunities and Constraints Analysis       11
                  Task C. Outreach and Public Participation                                    12
                  Task D. Land Use/Urban Design Alternatives                                   12
                  Task E. Specific Plan Preparation                                            13
                  Task F. Zoning and General Plan Amendments (as necessary)                    15
         C. Environmental Impact Report                                                        15
                  Task G. Preliminary Evaluation and EIR Initiation                            16
                  Task H. Setting, Impacts, and Standard Conditions of Approval                16
                  Task I. Cumulative and Growth Inducing Impacts                               17
                  Task J. CEQA Alternatives                                                    17
                  Task K. CEQA-required Assessment Conclusions                                 18
                  Task L. Draft Environmental Impact Report                                    18
                  Task M. Final Environmental Impact Report                                    20
                  Task N. Standard Conditions of Approval and Mitigation Monitoring            21
IV. RFP Submittal Process                                                                      22
         A. General Information                                                                22
         B. Submittal Requirements                                                             28
         C. Required Submittal Elements and Format                                             30
V. Evaluation Process                                                                          32
         A. Evaluation of Submittals                                                           32
         B. Interview of Short-Listed Firms                                                    32
         C. Limitations                                                                        33
         D. Conflict of Interest/Confidentiality/City-Consultant Relationship                  34
VI. Selection Process                                                                          34
         A. Contract Negotiation                                                               34
         B. Contract Award                                                                     35
VII. Attachments & Schedules                                                                   35
I.      Introduction

The City of Oakland, CA seeks written proposals from interested and qualified individuals,
development professionals, teams and firms with significant experience in economic
development, land planning, civil and traffic engineering, public infrastructure, public finance
and fiscal analysis, environmental impact analysis, park/trail planning and associated fields to
prepare up to two Specific Plans and an Environmental Impact Report for the 750 acres
surrounding the Oakland-Alameda County Coliseum Complex, and the business park east of the
Oakland International Airport.

“Coliseum City” and the Oakland Airport Business Park are among the most exciting
development opportunities in the San Francisco Bay Area. The City envisions this area as a
location for sub-regional corporate headquarters, combined with a sports and entertainment
complex, all accessible to multiple modes of transportation. The Coliseum is home to Oakland’s
three sports franchises, and audiences numbering nearly 100 million in the last forty years have
made the Coliseum and Arena the premier entertainment facilities in Northern California.

Respondents to this Request for Proposals will address all three components:

            1. Specific Plan for “Coliseum City” (Area1), the land encompassing and
               surrounding the Oakland Alameda County Coliseum Complex;
            2. Specific plan for “Oakland Airport Business Park” (Area 2), the business park
               east of the Oakland International Airport and north of Hegenberger Road towards
               Doolittle Drive;
            3. Environmental Impact Report (EIR) for both areas, legally adequate under the
               California Environmental Quality Act (CEQA).

The City reserves the right, during the Specific Planning process that is the subject of this RFP, to
separate Coliseum City (Area 1) from the scope of work, and potentially, to seek its development
with a separate Master Developer, which would work in coordination with the consultant team
selected through this RFP. The City is requesting that consultant teams responding to this RFP
offer their proposals for the entire site (Areas 1 and 2), but with the understanding that Area 1
could be removed at a future date, and planned for under a separate process.

Master Developer teams interested in the planning and development of Area 1 should submit their
qualifications for development of a multi-sport complex with associated
commercial/retail/entertainment uses, in conjunction with their submittal of consultant team
members that would undertake the Specific Planning and EIR portions of this RFP.

A.       Background and Setting
Both Area 1 and Area 2 (Site) encompasses over 750 acres (Attachment 1). The Site is located
within the boundaries surrounding the Oakland Alameda County Coliseum Complex, continuing
west towards the Oakland International Airport (with Hegenberger Road as the southernmost
boundary, and extending north along the estuary waterfront towards 66th Avenue. Within the Site
are two major sub-areas, “Coliseum City” and “Oakland Airport Business Park,” with additional
areas (“Coliseum Shoreline”) along the waterfront reserved for open space, recreation and related
uses.
          “Coliseum City” (Area 1) The Oakland-Alameda County Complex consists of
           approximately 120 acres with the north and south parking lots as well as the Coliseum
           “O.co” Stadium and Oracle Arena facilities. In addition, the Oakland Redevelopment
           Agency owns a number of key perimeter parcels surrounding the Oakland-Alameda

City of Oakland, CA                                                                                 3
Coliseum Area Specific Plans RFP
            County Coliseum Complex along San Leandro Street, 66th Avenue, Hegenberger Road
            and Joe Morgan Way (formerly Coliseum Way) which can be incorporated into the
            Specific Planning process.
           “Oakland Airport Business Park” starts at Oakport Street along I-880, opposite from
            the Oakland Alameda County Coliseum Complex, follows the estuary waterfront
            towards Doolittle Drive and has Hegenberger Road as its southern boundary.
           “Coliseum Shoreline” provides direct waterfront access to the estuary. These areas are
            the 100 feet of land adjacent to the Alameda County Flood Control channels, which
            circle the Coliseum complex, and which border the Martin Luther King Jr Regional
            Shoreline.

The area surrounding the Oakland-Alameda County Coliseum Complex serves as the
sports/entertainment destination for the East Bay and is located adjacent to a major local and
regional transportation hub, and features stunning waterfront views and direct freeway access to
and visibility from I-880. The Site is only minutes away from the Oakland International Airport
and serves as a major gateway into Oakland and the entire region.

The Site is being developed as part of a larger vision for the surrounding area that includes: the
Oakland Airport Connector $500M project; Oakland International Airport terminal expansion
projects; Coliseum freeway auto mall; Lion Creek Crossing and Coliseum Transit Village
housing projects; and other projects that will extend mixed-use development opportunities from
the Coliseum Complex to the Oakland International Airport.

B.        Purpose and Intent of the Specific Plans and Related Environmental Impact Report

The purpose and intent of the Specific Plans requested by this RFP is to provide policy guidance
on how the two project areas would develop and drive economic return for the benefit of the
entire Oakland community through job generation and employment, and balance land use goals
with environmental and economic interests, as well as providing the regulatory framework to
encourage and support development. The Specific Plans will build upon previous planning
efforts, including but not limited to the Coliseum Redevelopment Plan, and be coordinated with
other public and private development projects underway for properties in close proximity. This
will entail coordination of planning and development efforts with the Alameda County Joint
Powers Authority, professional sports franchises, BART, Port of Oakland, Capitol Corridor
Amtrak, Union Pacific on the Coliseum City side (Area 1), and the Port of Oakland, Airport Area
Business Association and other major stakeholders including operational businesses and large
property owners on the Business Park side (Area 2).

Area 1: Coliseum City

The future of the Oakland Alameda County Coliseum Complex (“Coliseum City”) will have a
significant impact on development of the area. Analysis should (1) draw from, and build upon,
past efforts undertaken by the Joint Powers Authority and (2) focus on development of “Coliseum
City,” a vibrant mixed use and entertainment regional center. Coliseum City will offer the
opportunity to provide a new, world-class sports/entertainment facility, destination retail, hotel,
office and residential uses that take benefit from immediate transit opportunities (BART,
AMTRAK Capitol Corridor, AC Transit, Airport Connector) and excellent freeway access and
visibility. Overall, the concept is to create an economic and sustainable development that would
enhance the local area, residents and business owners alike, while serving major sports franchises,
and act as a catalyst for the Oakland community. The Staples Center and adjoining LA Live
developments in downtown Los Angeles are an example of how the City envisions a new

City of Oakland, CA                                                                                  4
Coliseum Area Specific Plans RFP
“Coliseum City” which includes hotel, higher density residential and major retail surrounding an
entertainment and sports complex.

Additionally, Coliseum City will serve as a transportation hub linking BART, Amtrak and the
Oakland Airport Connector to the Airport and job centers in the East Bay, while attracting
employees for the immediate area businesses who can travel to work via transit. It will increase
the surrounding area’s potential as an economic draw and source of job generation. This can be
accomplished by improving the Coliseum area’s connections to the local employment corridors
(Coliseum Way/ San Leandro Street), and across the freeway to the Airport Business Park uses,
as well as connect Coliseum City to the Estuary waterfront, to the Bay and to the East Bay
Regional Park District’s Martin Luther King Jr Shoreline Park.

Alternative future scenarios for the Coliseum stadium and arena site will also be taken into
consideration.

The consultant team will assist in determining a mix of compatible development scenarios that
can realistically be developed in the area over the short and long term, based on extensive market
and financial feasibility assessments. The team will consider economic development
opportunities, building upon the established mix of companies offering employment for area
residents, including: local industrial companies; public entities such as BART and the Oakland
International Airport; the larger corporate firms such as Wal-Mart, Home Depot, Fed Ex, UPS,
and Comcast; Coliseum Auto Mile; and hotels and car rental agencies.

Area 2: Oakland Airport Business Park

The “Oakland Airport Business Park” was developed in the 1980’s as an office and industrial
business park, with the relatively recent introduction of big box retail and auto sales, augmented
by airport-serving retail and parking amenities on Hegenberger Road. As part of a new vision for
Area 2, the consultant will be asked to focus on constraints and opportunities for more dense and
contemporary business development with medium to large floor plate buildings, to attract
emerging technical scientific and advanced manufacturing clusters, which also may benefit from
proximity to the redeveloped Coliseum City and the proximity of the Oakland International
Airport.. These industries include biotechnology, life sciences, research and development,
multimedia, green tech and other industries including artisan food production, that involve
creative and technology-oriented work taking place in large, open, flex office or light industrial
spaces. Several of these industries are experiencing robust growth with great potential for the
future and may be attracted to the Site due to its proximity to Oakland International Airport. 1

The Specific Plans will include a program for implementing land use policies, suggested
supportive land use and jurisdictional changes, development standards, coordination with and
possible additions to, the City and Port’s design guidelines, a marketing program and other
feasible development incentives. In addition to stimulating business development by providing a
plan for infrastructure improvement and financing mechanisms, the Specific Plans will also
increase the attractiveness of the area by identifying priorities for pedestrian enhancements,
necessary parking, and streetscape improvements. The EIR adopted to support the Specific Plans
will streamline the environmental review (and corresponding time and resources) of projects that
fall within its scope. Finally, the Specific Plans will provide predictability for existing and new
residents, businesses and developers about the future of the area.

1
 In 2010, the City of San Jose adopted “Vision North San Jose,” which applicants to this RFP might consider as an
example of the type and scope of development the City of Oakland envisions for the Oakland Airport Business Park.


City of Oakland, CA                                                                                                 5
Coliseum Area Specific Plans RFP
C.       Site Constraints

The Coliseum Site (Area 1) has many physical challenges, real estate restrictions, and other issues
that will make development extremely complex, expensive, and long-term. Prospective
consultant teams are strongly encouraged to study the site thoroughly and to consult all of the
information available. See Attachment 2 for a preliminary list of relevant information which
will be provided by the City to the selected consultant team.

The Business Park (Area 2) has challenges to improving what was a good contemporary business
park in the 1980’s, and bringing it up to a standard of a modern, urban, and dense business park
for the new economy uses. Most essential in the Business Park is contemporary
telecommunications, including comprehensive broadband access, as well as the utilities which
Life Science and food production uses require for affordable and green power, water delivery,
wastewater and other services.

Some of the major issues include:

        Infrastructure: All existing utilities must be examined as part of the process to
         determine capacity and replacement costs to support future development specific to the
         anticipated needs of the identified emerging industries (Life Science and food
         production). The consultant team will assess existing conditions in the study area,
         including existing and proposed development, vacant and underutilized parcels, open
         space and community facilities, urban design and form, and existing land regulations that
         affect potential development. This analysis will also assess circulation/access, traffic
         conditions, streetscapes, parking supply, utilities (including a new City-sponsored fiber
         optics network to extend to the Business Park under Hegenberger) and public facilities.

        Soil Conditions: Portions of the sites were originally built on filled land and had issues
         with subsidence and liquefaction. As a result, new engineered soil may be required.
         Buildings may need piles or other costly foundation systems to meet seismic safety
         standards.

        Environmental Remediation: The consultant team may need to explore further the
         environmental conditions of the study area. Since potential contaminated soils and
         groundwater may exist in certain areas, additional studies might be recommended to
         identify potential contaminants.

        Ownership & Title Issues: While the Agency owns several major parcels around the
         Oakland Alameda County Coliseum Complex, the Complex itself is jointly owned by the
         County and the City. The Port owns multiple parcels within the Business Park. The
         majority of the remaining parcels are privately held.

D.       Adjacent Uses & Other Existing Conditions

Several developments are planned for areas within or immediately adjacent to the Site, and
therefore should be considered during the Specific Plan/EIR process. These may include, but are
not limited to:

        Oakland Airport Connector: BART recently awarded a $500M contract to design-build
         and maintain the 3.2 mile automated guide way system that will connect BART and AC
         Transit passengers to the Oakland International Airport. The automated guideway system

City of Oakland, CA                                                                                   6
Coliseum Area Specific Plans RFP
         will consist of a lightweight overhead aerial structure that will run along Hegenberger
         Road with a maintenance yard scheduled at Airport Access Rd with the terminus at the
         Oakland International Airport.

        Coliseum Transit Village: The Oakland Economic Development Corporation in
         partnership with Urban Core is planning the first phase development of the Coliseum
         Transit Village at the Coliseum BART Station parking lot. The project envisions 100
         units of work force housing on a 1.3 acre portion of the existing BART parking lot.

        Lion Creek Crossing: The Oakland Housing Authority in partnership with East Bay
         Asian Development Corporation (EBALDC) and The Related Companies are working on
         completing Lion Creek Crossing IV which will consist of 72 units of affordable housing
         on the corner of Snell Street and 69th Avenue. When the entire master planned
         development is complete, over 400 units will have been created around a newly designed
         park and restored creek.

        Foods Co Shopping Center: The Agency currently owns a 6.3 acre parcel on the corner
         of 66th Avenue and San Leandro Street and is currently negotiating with Kroger/Ralphs
         to bring in a new retail shopping center development featuring a new 72,000 sf
         supermarket with corresponding fueling station.

E.       City/Agency Goals

The City and Agency seek to ultimately develop the study area in a manner that will advance the
following overall policy goals:

        World Class Sports and Entertainment Venue: The Site occupies an exceptionally
         visible and prominent location along the I-880 freeway in Oakland and serves as gateway
         to the Oakland International Airport. The Site must be developed with
         entertainment/sports uses featuring iconic architecture. A new state of the art, football
         only stadium shall be showcased as the major design attraction. The Site has the
         potential to become a world-class entertainment and sports destination that can help
         improve the overall business climate in Oakland and the entire region.

        International Trade, Science and Technology Park: The Business Park is well-
         positioned to attract a major campus (e.g. LBA Realty’s 300,000 square foot facility at
         7001 Oakport Street, with expansion opportunities). The presence of a convenient
         domestic as well as international airport, excellent freeway access, and proximity to San
         Francisco and East Bay existing technology and science labs, present a major opportunity
         to develop an Innovation Zone East at this location.

        Job Creation: The Site affords the opportunity to create a range of high-quality jobs that
         fit with the varying workforce skills of Oakland residents and that will attract jobs
         associated with growth industries.

        Community Benefits: The development should provide real, long-term benefits to the
         East Oakland community and to residents throughout Oakland.

        Coordination & Support for Airport Projects: The Oakland International Airport and
         related support industries provides an important economic engine for Oakland, and its
         long-term competitiveness should be supported.

City of Oakland, CA                                                                                7
Coliseum Area Specific Plans RFP
        Government Revenue: The development is anticipated to generate significant revenue
         from lease revenues, sales tax, and other sources.

F.       Principles

The consultant team will support the following urban design and planning principles:

Urban Design

        Specific plans for the Site to achieve a uniform, high-quality appearance and to assure the
         coordination of infrastructure planning and mix of uses.

        Maintain and enhance public views to the water while respecting existing activities.

        Require a strong set of public realm improvements, including roadway design, pedestrian
         paths, plazas, public landscaping, etc., that reflect both the characteristics and the new set
         of uses. Reuse of buildings or components of buildings is strongly encouraged where
         financially feasible.

        Provide a range of commercial, recreational, cultural and new business activities that
         reinforce the destination/gateway quality of the site and provide a complimentary set of
         land uses that create synergy.

        Configure and design buildings to spatially define and reinforce the sports/entertainment
         character of the area and to strengthen the urban design character of the streets and open
         spaces.

        Incorporate flexibility and scalability into the site layout, so that the development can
         continue to evolve and become more densely developed over time.

        Introduce ground level commercial activities that are directly linked with open space,
         recreational and work spaces, to encourage pedestrian circulation and activity.

        Develop a strong, dynamic composition of building types that provide new identity for
         the area and take advantage of its location as the entrance to the Oakland International
         Airport while acknowledging the transportation connections to the site.

Economic Development & Industrial Support:

        Support commercial and industrial businesses as key economic development components
         of the Oakland Airport Business Park sub-area.

        Provide a broad range of high quality jobs that benefit Oakland residents and offer a
         living wage.

        Continue ongoing collaborations with all major stakeholders, including the Port,
         Chamber of Commerce, Airport Area Business Association and others.




City of Oakland, CA                                                                                   8
Coliseum Area Specific Plans RFP
         Lead the nation in achieving green development. This is achieved both by targeting
          green businesses and by incorporating green development practices into general retail,
          office, and R&D development. The City has a Green Building Ordinance for private
          development.

         Maintain a dynamic and fluid plan in order to respond to changing market conditions as
          well as evolving needs of the industry. Provide an emphasis on minimizing land use
          conflicts between new activities and existing operations.

II.       Proposal Information

A.       Consultant Qualifications
The selected consultant team must be able to demonstrate a proven track record in completing
Specific Plans and complex environmental analyses. Most importantly, the prime consultant and
its team of appropriate sub-consultants, must show a demonstrated ability to generate ideas for
alternative future scenarios for the Coliseum area which is strategically located next to the
Oakland International Airport and is experiencing rapid growth and transformation as a gateway
to Oakland and the entire East Bay region. The consultant team must be willing and fully capable
of working closely with relevant City departments through this effort. The consultant team must
show strong project management skills, demonstrate the ability to meet project budget and
deadlines, and be willing to build upon the body of work that has already been completed, and
should include a developer consultant. Time is of the essence in this effort and the performance
schedules provided by the consultant team will be considered carefully.

B.      City Participation
The City will provide policy guidance and provide written comments on the administrative drafts
of the Specific Plan, administrative drafts of the Draft EIR and Final EIR, and other related
project documentation, as appropriate. The consultant will be expected to develop materials and
maps for project meetings and workshops, and identify assistance needed from the City with
community outreach, translation/interpretation needs, and dissemination and distribution of
materials (such as announcements, newspaper ads, etc). The City will be responsible for
coordinating meeting logistics with other City staff, stakeholders (including other agencies) and
the broader community.

C.       Required Format of Project Deliverables
All data must be formatted for the City’s computer hardware and software. The format of all text
and graphic documents must be compatible with MS Word, Excel or Adobe Creative Suite (e.g.
Illustrator, Photoshop, Acrobat), respectively. All digital maps shall be in an ArcGIS 9.3
compatible shapefile or geodatabase format and State Plane Coordinate System NAD83, unless
otherwise directed by the City. For all documents, one camera-ready master copy as well as a
copy (in native file format and PDF) on CD-ROM shall be provided to the City, in addition to any
number of printed copies specified below.

D.      Ownership of Materials and Originals
Originals of all materials prepared under this contract become the property of the City of
Oakland. The consultant shall provide the City with electronic versions of all text files and
exhibits. The consultant shall also provide the City with a set of “camera-ready” originals for
reproduction. All prepared materials and documents furnished to the consultant by the City shall
be returned to the City before final payment will be made.



City of Oakland, CA                                                                                9
Coliseum Area Specific Plans RFP
E.     Compensation
The budget for this project is approximately $3,000,000. All consultants who respond to this
RFP should propose a “Not to Exceed” maximum dollar amount which will be the maximum cost
to complete the project scope, including expenses and sub-consultant work, broken down by task.

III.    Scope of Services

The City is seeking a qualified consultant team to develop Specific Plans and prepare an
environmental impact report (EIR) for the area encompassing and surrounding the Oakland-
Alameda County Coliseum Complex and the airport business park area north of Hegenberger
Road towards Doolittle Drive. The required scope of work for these documents is provided
below. During the preparation of the Specific Plans, the Oakland Redevelopment Agency
reserves the right to remove the Coliseum City portion of the site (Area 1) and offer it for
development, under a separate process, to a Master Developer.

A.       Summary Information
1.       Project Schedule
The project is scheduled to be completed over an eighteen month timeframe, including execution
of a professional services contract. The timing of the Specific Plans and EIR must be overlapping
so that the preparation of both documents will be parallel; the information collection and analysis
can be used for both documents. Development of the mitigation measures shall be an iterative
process concurrent with the development of the Specific Plans such that the mitigation measures
can be converted, where appropriate, to Specific Plan goals, policies, and implementation
measures.

2.        Coordination with Other Studies and City Agencies
The consultant team shall coordinate development of the Specific Plans with relevant studies and
initiatives developed by the City and others as these affect each Specific Plan (see Attachment
2). The consultant team will coordinate the preparation of the Specific Plans with the existing
facilities, activities, plans, and studies in progress within the City’s Public Works Agency (PWA),
Community and Economic Development Agency (CEDA), and Oakland Parks and Recreation.

3.       Coordination with Other Agencies
A number of other public agencies operate and maintain public facilities in this area including,
but not limited to, the Port of Oakland, the Oakland-Alameda County Coliseum Authority, the
Alameda County Flood Control District, East Bay Regional Park District, BART, AMTRAK, AC
Transit, and the Oakland Housing Authority. The consultant will need to coordinate with City
staff and with these agencies during the Specific Plan planning process.

4.       Coordination with Professional Sports Franchises including Major League Baseball,
National League Football and National Basketball Association
City staff will coordinate with the consultant team on the participation of the national franchises
who use the Coliseum facilities.

5.      Meetings and Hearings
The consultant should be available throughout the Specific Plans/EIR preparation period to meet
with City staff and the project team in order to gather information, review progress, arrive at a
reasonable range of alternatives, review preliminary findings, and discuss staff comments, as well
as attend relevant community meetings and official public hearings during adoption of each
Specific Plan and the EIR certification process. The consultant will work with City staff prior to


City of Oakland, CA                                                                             10
Coliseum Area Specific Plans RFP
each meeting to prepare an agenda and ensure that the appropriate individuals are requested to
attend.

The consultant should include the following range of meetings, workshops and hearings
(described in more detail below) during the duration of the project:

                   25 project meetings with City staff and major stakeholders
                   8 large community workshops
                   12 public meetings/hearings with the Planning Commission and City Council
                    and other advisory boards as necessary to prepare and adopt/certify the
                    Specific Plans and the EIR.
                   Applicants to this RFP should indicate if, in their opinion, an alternate number
                    of meetings and workshops is preferable.

B.        Specific Plans for Coliseum City and Oakland Airport Business Park.

Task A.      Gather and Review Existing Information

The consultant shall gather and review existing adopted plans and studies including, but not
limited to, the Oakland General Plan (all elements, but particularly the Land Use and
Transportation Element and EIR, the Open Space, Conservation and Recreation Element, the
Bicycle Master Plan and EIR, and the Pedestrian Master Plan and EIR). See Attachment 3 for a
preliminary list of relevant information which will be provided by the City to the selected
consultant team.

Task B.      Existing Conditions and Opportunities and Constraints Analysis

The consultant will be expected to prepare a report that is a preliminary assessment of existing
conditions, and opportunities and constraints associated with planning to transform the Coliseum
Area into a vibrant mixed-use area.

1. Land Use and Urban Form
The consultant shall assess the existing land use and urban form of the study area, including but
not limited to, the following:
          built and proposed development, vacant and underutilized parcels (e.g., acreage,
           building characteristics and ownership patterns)
          existing open space and other community facilities
          urban design and form
          existing land regulations and other City policies/programs that affect potential
           development. A map of the current zoning is included as Attachment 4.

2. Demographic, Socio-Economic and Market Conditions
The consultant shall collect and review baseline data on the socio-economic and community
health conditions for each study area and surrounding areas. The consultant shall develop a
resident profile(s) including race, income, education level, employment status, health, tenure, etc.
A business profile shall also be developed for each area to include the number and characteristics
of businesses and employees, infrastructure needs, and expansion opportunities among other
factors. The baseline data should be collected and assessed following the model of the tool
developed/used by the Alameda County Public Health Department, the Healthy Development
Measurement Tool (HDMT).


City of Oakland, CA                                                                                 11
Coliseum Area Specific Plans RFP
This data and analysis should be used for evaluation of land use alternatives developed in Task D.
below.

3. Infrastructure Conditions
The consultant will assess existing transportation and utility infrastructure including, but not
limited to: circulation/access (e.g. car, bicycle, pedestrian and transit), traffic conditions,
streetscape, parking supply; utilities (e.g. water, sewer, storm control and drainage, gas, electrical
power and telecommunications) and public facilities.

Deliverables for Task B. shall include:
An Existing Conditions Report (which will be incorporated into the Specific Plans, as
appropriate). The Existing Conditions Report will be amended up to three times based on any
comments received from City staff in redline/strikeout format showing additions and deletions.

Task C.     Outreach and Public Participation

The planning process must be built upon broad public involvement, and on creative methods for
finding common ground among diverse groups: public agencies, professional sports franchises,
community members, neighborhood groups and business organizations, business owners,
property owners and developers.

The consultant shall develop a detailed, multilingual outreach and public participation strategy
that includes creative alternative approaches to maximize participation from traditionally
underrepresented stakeholder groups, such as members of lower-income renter communities and
non-English speaking communities. The outreach and public participation program should
include large community workshops and smaller meetings with stakeholder groups, mailings,
project website and any other tools necessary to solicit community input on each of the proposed
Specific Plans. For each of the Specific Plans, the applicant should describe in their proposal the
general outline for the eight community workshops (e.g. existing conditions, alternatives
development and selection).

Deliverables for Task C. shall include:
         Memorandum outlining the outreach and public participation strategy. This memo will
          be amended up to two times based on any comments received from City staff in
          redline/strikeout format showing additions and deletions.
         Project Website
         Multilingual outreach and meeting materials for meetings and community workshops
          (as noted in Part II.B. of this RFP, the City will provide translation and interpretation
          services; the consultant is responsible for creating document/material content for
          English versions and graphic layout).

Task D.     Land Use/Urban Design Alternatives

Based on the information gathered from Tasks A, B, and C above, the consultant shall work with
the community to develop three (3) land use/urban design alternatives for the Specific Plan area.
In addition, the consultant shall attend and make presentations about these alternatives to the
Planning Commission and its committees and the City Council and its committees. For the
purposes of policy discussion and environmental assessment, the alternatives will contrast
different land use compositions and intensities. Each land use alternative shall include a detailed
breakdown of the development potential, including analysis assumptions. Each alternative should
also be evaluated relative to the information collected in Task B., to help illustrate the differences

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Coliseum Area Specific Plans RFP
across alternatives for different factors. An analysis of potential sources of additional jobs and
the workforce characteristics needed for any potential future jobs shall also be included. The
consultant shall also prepare a market demand analysis for the types of potential land uses for the
Specific Plan study area.

Deliverables for Task D. shall include:
   Draft alternatives (including cost estimates for potential build-out scenarios). The draft
    alternatives will be amended up to three times based on any comments received from City
    staff in redline/strikeout format showing additions and deletions.
   Based upon public review, revise draft alternatives. The revised draft alternatives will be
    amended up to three times based on any comments received from City staff in
    redline/strikeout format showing additions and deletions.

Task E.      Specific Plans Preparation

For each of the two sub areas, the consultant team shall prepare a Specific Plan that integrates the
preceding tasks A-E that includes, at a minimum, the following components:

1.       Executive Summary
The Executive Summary will provide an overview of the Specific Plan planning process and
priority recommendations.

2.      Planning Context
The planning context chapter of the Specific Plan will provide information (from Task B. above)
about the area’s existing conditions and discuss opportunities and constraints.

3.      Vision, Goals and Objectives
This chapter will present the common values and goals generated through the extensive
community involvement effort. The vision, goals and objectives established will help guide the
study area’s successful transformation to a vital waterfront district over time.

4.       Land Use Element
The land use element shall include consultant developed recommendations and implementation
measures to address the land use/site organization, building massing, articulation and
intensity/density for the area. Land use diagrams, maps and/or other figures will be included, as
necessary, to illustrate the proposed land use plan. It should also contain recommendations for
building and public design guidelines in the study area to enhance development opportunities and
maintain uniform appearances in the public realm and for building and signage appearance.

5.      Infrastructure Element
     a. Access, Circulation and Parking Plan. The plan should include, but is not limited to the
        following tasks:
        i) Evaluate roadway capacities and configurations and make recommendations for
             roadway improvements inside and outside the Specific Plan study area that will result
             in safe, efficient and attractive travel routes to support the proposed land uses.
        ii) Provide recommendations regarding improved regional connections and freeway
             access to the area.
        iii) Make recommendations for improvements to public transit stations and routes to
             provide cohesive, inviting connections to and around public transportation
             destinations.


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Coliseum Area Specific Plans RFP
        iv) Provide recommendation for local circulation connections between Oakland
             neighborhoods and the project area.
        v) Make recommendation for improving pedestrian and bicycle circulation along the
             waterfront. Refer to the Oakland Waterfront Trail: Bay Trail Feasibility and Design
             Guidelines, and East Bay Regional Park District’s BART to Bay Trail, as proposing
             firms should not include new design guidelines, but rather proposing firms should be
             prepared to evaluate each of the recommendations, select a preferred alternative and
             provide a greater level of detail for the Specific Plan document.
        vi) Analyze present and additional future parking requirements and methods for
             financing recommendations.
        vii) Investigate the feasibility and cost of providing for future parking requirements
             through utilization of any presently underutilized parking, and through provision of
             new parking facilities.

    b. Streetscape. The plan should establish the standards and location for landscaped
       medians, sidewalks, street furniture, and gateway enhancements. This plan should be
       integrated with the roadway network and pedestrian/bicycle network plans described
       above.

    c. Utilities and Public Services/Facilities. The plan should provide an analysis for existing
       and proposed infrastructure and facilities to serve the Plan area consistent with provisions
       of the General Plan. Tasks shall include:
       i) Evaluation of and recommendations for storm drainage and grading in the Plan area.
            Provide recommendations for best management practices (BMP’s) to be implemented
            on a project-by-project basis.
       ii) Evaluate water service capacity and needs. Coordinate review and approvals with
            EBMUD.
       iii) Evaluate wastewater disposal needs and coordinate collection and treatment
            requirements with EBMUD.
       iv) Evaluate gas and electrical capacity and distribution patterns. Provide provisions for
            undergrounding of new services.
       v) Evaluate telecommunication needs.
       vi) Evaluate need for fire protection services and provide recommendations to
            accommodate adequate response time and levels of service to the Plan area in
            coordination with the Oakland Fire Department.
       vii) Evaluate public transit improvements that would result with the increased density
            proposed for the Plan area.
       viii)    Provide a plan for solid waste pick up and recycling.

    d. Community Facilities. The plan should define the size and location of community
       facilities within the Specific Plan study area, including parks, community center, open
       space, etc., and it should:
       i) Identify the location and sizing of desired community facilities within the Specific
            Plan study area based upon planned land uses;
       ii) Delineate the amount of land needed for desired community facilities;
       iii) Provide analysis and estimate the costs to construct and maintain community
            facilities within the Specific Plan study area.

6.      Implementation, Financing and Phasing
The consultant shall provide a description of its approach to developing financing measures and
regulations and ordinances which will implement the Specific Plan including:

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Coliseum Area Specific Plans RFP
          a) Construction costs for implementing all public improvement recommendations of the
             Specific Plan in year current dollars.
          b) Financing plan and funding strategies for public improvements.
          c) Prioritization recommendations.
          d) Implementation and phasing recommendations, including identification of parties
             responsible for completing capital improvements.
          e) Projected consulting costs for development of construction documents for specific
             public improvement projects.
          f) Recommended maintenance standards for all public improvements.
          g) Recommend financing and development incentives strategies.

7.      Relationship of Specific Plan’s CEQA Review to Subsequent Projects
The plan should include a discussion of projects that will be exempt from additional CEQA
review based on Specific Plan EIR, and projects that will require additional environmental
review.

8.      Specific Plan Administration and Enforcement
The plan should include a discussion of Specific Plan cost recovery fees authorized by CA Govt.
Code Section 65456; Specific Plan Amendment procedures and, as necessary, process to
incorporate Specific Plan regulations and standards from the Specific Plan into the development
review process, as well as a list and description of other City departments and other agencies with
responsibilities for implementation and enforcement of the Specific Plan.

9.     Appendices
The plan should contain appendices, as necessary, including the following at a minimum:
           a) Precise description and map of the Specific Plan Study Area and boundary
           b) Key Specific Plan background data and information
           c) Glossary of terms (as necessary).

Deliverables for Task E. shall include:
   Administrative Draft Plan. The Administrative Draft Plan will be amended up to three times
    based on any comments received from City staff in redline/strikeout format showing
    additions and deletions.
   Renderings and drawings
   Public Review Draft
   Final Draft Plan. The Final Draft Plan will be amended up to three times based on any
    comments received from City staff in redline/strikeout format showing additions and
    deletions.

Task F.      Zoning and General Plan Amendments (as necessary)

The consultant shall prepare documentation, including environmental review (as discussed
below) and staff reports required to process any zoning and/or General Plan amendments
proposed by each Specific Plan.

Deliverables for Task F. shall include:
Planning Commission and City Council staff reports for zoning and General Plan amendments.
The staff reports will be amended up to three times based on any comments received from City
staff in redline/strikeout format showing additions and deletions.

C.        Environmental Impact Report (EIR)

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Coliseum Area Specific Plans RFP
The consultant shall demonstrate to the City that they, or members of the consultant team, possess
expertise in CEQA, and that they have a working knowledge of planning regulations and the
application of the planning process at the local level. Applicants must consider and recommend
the appropriate type of CEQA review to be conducted – Programmatic EIR, Master EIR or
other. The EIR shall reflect a complete understanding of the City’s development entitlement
process. The EIR shall be written to allow the City to easily implement both Specific Plans and
to enable the City to subsequently streamline project-level CEQA reviews for catalyst
developments which are consistent with both Specific Plans. Tasks related to preparation of the
EIR are presented below. Applicants should be familiar with the City’s Guidelines for
Environmental Consultant Contracts (Attachment

Task G.     Preliminary Evaluation and EIR Initiation

1. Initial Study (Attachment 6)
Consultant shall discuss with City staff and evaluate whether to prepare an Initial Study. If the
City determines necessary, the consultant shall prepare an Initial Study that may focus the scope
of the EIR on topics that may result in significant effects (or that are otherwise of public interest
warranting discussion in the EIR). Where possible, the analysis in the Initial Study would present
evidence to demonstrate clearly and credibly which topics analyzed therein would not result in a
significant effect and warrant analysis in the EIR. The Initial Study shall be amended up to three
times based on any comments received from City staff in redline/strikeout format showing
additions and deletions.

2. Notice of Preparation
Consultant shall prepare a Notice of Preparation (NOP), as required by CEQA Guidelines Section
15082, for review by the City, and amend it based on any comments received from City staff in
redline/strikeout format showing additions and deletions. The City will develop the public
distribution list for the NOP and distribute the NOP (and Initial Study, as appropriate) to
interested parties. Consultant will distribute document(s) to the State Clearinghouse and County
Assessor for required postings as a part of this subtask.

3. Scoping Session Report to Planning Commission
Consultant shall prepare a scoping session staff report to Planning Commission, for review by the
City, and amend it based on any comments received from City staff in redline/strikeout format
showing additions and deletions

4. Base Map Preparation
The study area is limited to the land including and surrounding the Oakland-Alameda County
Coliseum Complex, and the airport business park north of Hegenberger Road, towards Doolittle
Drive. The consultant will prepare a base map, used to illustrate the proposed project and project
alternatives, including the relationship to surrounding areas with regard to combined Specific
Plan build out impacts. The base map will be available for consultant and City staff use during
meetings and presentations. The City will provide the consultant with shapefiles in ArcGIS
format, and other data, to enable the creation of the base map.

5. Significance Criteria
Based on input from City staff, the consultant will review the City of Oakland’s significance
criteria and prepare a draft set of significance criteria for this EIR (Attachment 7). The
consultant will submit the draft to City staff for review and acceptance prior to undertaking any


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Coliseum Area Specific Plans RFP
impact analysis. If any changes to the significance criteria are requested, the consultant will
submit changes to the City in redline/strikeout format and explain reasons for any changes.

Deliverables for Task G. shall include:
   Initial Study
   Notice of Preparation
   Scoping Session Staff Report
   Study Area Base Map
   Memorandum on EIR Significance Criteria

Task H.         Setting, Impacts, Standard Conditions of Approval and Mitigation Measures

Setting, impacts, Standard Conditions of Approval and mitigation measures documentation for
each of the anticipated issue areas, or not scoped out in the Initial Study process, will be
incorporated into the EIR (Standard Conditions of Approval, Attachment 8). As required by
CEQA, the setting will describe the environment in the study area as it exists before the
commencement of the project, that is, generally, when the City issues the NOP. Applicants will
note the recent Sunnyvale case 2 . The setting should be presented from site specific,
neighborhood, local, sub-regional, and/or federal perspectives, as appropriate to each
environmental topic. The analysis will describe the current impacts, Standard Conditions of
Approval, evaluate potential impacts, and include practical mitigation measures to mitigate
significant impacts, as appropriate. The consultant should identify other topics not identified in
Oakland CEQA Thresholds/Criteria of Significance Guidelines (Attachment 7) that may have an
impact or secondary impact an incorporated into the EIR analysis.

Task I.         Cumulative and Growth Inducing Impacts

Section 15130 of the CEQA Guidelines requires that an EIR evaluate potential environmental
impacts that are individually limited but cumulatively significant. These impacts can result from
both Specific Plans or together with other policies. The analysis of cumulative effects will
address the potential impacts associated with both Specific Plans, in conjunction with all past,
present, existing, approved, pending and reasonably foreseeable future projects for years 2015
and 2030. The consultant will work with City staff to determine what projects should be included
in the cumulative analysis. Mitigation measures, if feasible, will be developed to mitigate each
Specific Plan’s contribution to significant cumulative effects.

The potential growth-inducing impacts of each Specific Plan will also be evaluated. CEQA
considers a project to be growth-inducing if it would foster economic or population growth.

Task J.         CEQA Alternatives

The alternatives chapter of the EIR for the proposed project will begin by describing the CEQA
requirements for evaluation of alternatives. The consultant will evaluate up to five alternatives
for the project, as follows:

          The CEQA-required “No Project Alternative”

          Two consultant-generated Specific Plan Land Use/Urban Design Alternatives:


2
    Sunnyvale West Neighborhood Assn. v. City of Sunnyvale City Council, 190 Cal.App.4th 1351 (2010)

City of Oakland, CA                                                                                    17
Coliseum Area Specific Plans RFP
                o   Major League Baseball continues at Oakland Coliseum
                o   Alternate use to Major League Baseball at the Oakland Coliseum

           A Reduced Scope Alternative

           A Mitigated Project Alternative

The consultant will describe each alternative and provide an analysis of the potential impacts
related to each environmental topic addressed in this EIR relative to each Specific Plan, and
include a matrix comparing the alternatives to one another as well as an evaluation against the
City’s Thresholds of Significance. According to the CEQA Guidelines, alternatives can be
evaluated in less detail than the proposed project. The discussion provided will be of sufficient
detail to evaluate the benefits and drawbacks of each alternative and provide qualitative
conclusions regarding the alternatives. Also identify environmentally superior alternatives.

Deliverables for Task J. shall include:
Memorandum describing proposed alternatives for analysis in the EIR. The memo will be
amended up to three times based on any comments received from City staff in redline/strikeout
format showing additions and deletions.

Task K.        CEQA-required Assessment Conclusions

The consultant will prepare the appropriate conclusions to fulfill CEQA requirements by
providing assessment of several mandatory impact categories including:

             Unavoidable significant environmental impacts;
             Significant irreversible environmental changes which would be caused by the Specific
              Plan; and
             Relationship between short-term and long-term uses of the environment.

Task L.         Draft Environmental Impact Report

The information developed in Tasks G through K will be refined and organized by the
consultant(s) into, at most, three (3) versions each of the Administrative Draft, the Screencheck
Draft, and the Public Review Draft of the EIR. There are six subtasks associated with the Draft
EIR:

1. Public Notices
Unless otherwise directed by the City, assume consultant will prepare the following notices and
companion documents, following CEQA guidelines:

           Notice of Preparation of Draft EIR
           Notice of Completion
           Notice of Availability of Draft and Final EIR
           Mitigation Monitoring and Reporting Program
           Notice of Determination

Unless otherwise directed by the City, assume the City will publish/circulate all environmental
notices and documents, except consultant will be responsible for submitting documents to State
Clearinghouse and providing certificate of mailing/delivery to the City.


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Coliseum Area Specific Plans RFP
2. First Administrative Draft EIR
The information developed in Tasks G through K will be refined and organized into an
Administrative Draft EIR. The EIR is expected to include the following components:

       Table of Contents
       Introduction
       Executive Summary and Impact
       Standard Conditions of Approval and Mitigation Summary Table
       Project Description
       Environmental Setting
       Impact Analysis
       Standard Conditions of Approval and Mitigation Measures
       CEQA-Required Assessment Conclusions
       List of Persons and Organizations Contacted
       Bibliography
       Technical Appendices (as needed)

Ten (10) hard copies of the Administrative Draft EIR #1 will be submitted to the City, along with
PDF and MS Word versions. Following receipt of comments, the consultant will consolidate the
reviewers’ comments and identify conflicting comments and others that may warrant discussions
with the EIR reviewing team. The consultant will then meet with City staff to discuss comments
on the Administrative Draft #1.

3. Second Administrative Draft EIR
The consultant will amend the first Administrative Draft EIR based on the comments received
from City staff in redline/strikeout format showing additions and deletions.

Ten (10) hard copies of Administrative Draft EIR #2 will be provided to the City, along with PDF
and MS Word versions, to allow the reviewers an opportunity to review the revisions made to the
document. Following receipt of comments, the consultant will consolidate the reviewers’
comments and identify conflicting comments and others that may warrant discussions with the
EIR reviewing team. The consultant will then meet with City staff to discuss comments on the
Administrative Draft #2.

4. Third Administrative Draft EIR (if necessary)
The consultant will amend the second Administrative Draft EIR based on the comments received
from City staff in redline/strikeout format showing additions and deletions.

Ten (10) hard copies of Administrative Draft EIR #3 will be provided to the City, along with PDF
and MS Word versions, to allow the reviewers an opportunity to review the revisions made to the
document. Following receipt of comments, the consultant will consolidate the reviewers’
comments and identify conflicting comments and others that may warrant discussions with the
EIR reviewing team. The consultant will then meet with City staff to discuss comments on the
Administrative Draft #3.

5. Screencheck Draft EIR
The consultant will amend Administrative Draft EIR #2 based on any additional comments
received from City staff in redline/strikeout format showing additions and deletions.


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Coliseum Area Specific Plans RFP
Three (3) copies of the Screencheck Draft EIR will be provided to City staff, along with PDF and
MS Word versions, to verify that all requested changes have been made and all appendix
materials, references, and final graphics are acceptable.

6. Public Review Draft EIR
One hundred (100) copies and 25 CDs of the Draft EIR will be produced for public distribution
and submittal to the City. The consultant will prepare a combined Notice of Availability/Release
and a Notice of Completion, in accordance with the CEQA Guidelines, and coordinate with the
City to distribute the Draft EIR pursuant to CEQA and City review procedures. Consultant will
send the appropriate number of copies to the State Clearinghouse for its use. Two CDs will be
delivered to the City containing all digital files of the Draft EIR in MS Word and PDF format.
Consultant will draft the staff reports and attend the Draft EIR public hearing before the Planning
Commission, as well as attend advisory board meeting such as the Parks and Recreation Advisory
Board, and produce a written transcript of the comments for use in subsequent tasks and for
inclusion as a part of the Final EIR comments section.

Deliverables for Task L. shall include:
   Ten (10) copies of the Administrative Draft EIR #1 (and PDF and MS Word versions
   Ten (10) copies of the Administrative Draft EIR #2 (and PDF and MS Word versions)
   Ten (10) copies of the Administrative Draft EIR #3 (and PDF and MS Word versions) – if
    necessary
   Three (3) copies of the Screencheck EIR #3 (and PDF and MS Word versions)
   One hundred (100) copies and twenty-five (25) CDs of the Public Review Draft EIR #3 (and
    PDF and MS Word versions)

Task M.     Final EIR

The consultant will prepare responses to comments as part of the Final EIR on the project
following the public review period.

1. Administrative Draft Final EIR #1
The consultant will formulate responses to comments on the Draft EIR, including written
comments received from the public and agencies and prepare a Final EIR. Included in the
Administrative Draft Final EIR will be the: (1) a list of persons, organizations, and public
agencies commenting on the Draft EIR; (2) copies of all written comments, and the responses
thereto; and (3) summary of verbal comments on the Draft EIR received at public hearings and
responses thereto; and (4) necessary revisions to the Draft EIR. The consultant should be
prepared to manage responses to comments with substantial amounts of topic-specific detail. The
consultant will discuss the best approach to the responses with City staff at a meeting following
the close of the comment period, which may include the use of master responses.

Ten (10) copies of the Administrative Draft Final EIR will be submitted to the City, along with
PDF and MS Word versions, for review and comment. At the end of the review period, the
consultant will meet to discuss comments on the Administrative Draft.

2. Administrative Draft Final EIR #2
After review by City staff, the consultant will consolidate the comments received and identify
conflicts and other comments that may warrant discussion with the EIR reviewing team. The
consultant should be prepared to manage responses to comments with substantial amounts of
topic-specific detail. The consultant will meet with City staff to discuss comments. The
consultant will amend the Administrative Draft Final EIR #1 and prepare the Administrative

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Coliseum Area Specific Plans RFP
Draft Final EIR #2 for review by City staff, showing additions and deletions in redline/strikeout
format. Ten (10) copies of this version will be provided to City staff, along with PDF and MS
Word versions.

3. Administrative Draft Final EIR #3 (if necessary)
After review by City staff, the consultant will consolidate the comments received and identify
conflicts and other comments that may warrant discussion with the EIR reviewing team. The
consultant should be prepared to manage responses to comments with substantial amounts of
topic-specific detail. The consultant will meet with City staff to discuss comments. The
consultant will amend the Administrative Draft Final EIR #2 and prepare the Administrative
Draft Final EIR #3 for review by City staff, showing additions and deletions in redline/strikeout
format. Ten (10) copies of this version will be provided to City staff, along with PDF and MS
Word versions.

4. Screencheck Final EIR
After the City has reviewed the second Administrative Draft Final EIR #2 or #3, the consultant
will prepare a Screencheck Response to Comments Document. The consultant will amend the
Administrative Draft Final EIR and prepare a Screencheck version for final review by the City
staff, showing additions and deletions in redline/strikeout format. Three (3) copies of this version
will be provided to City staff, along with PDF and word versions.

5. Public Review Final EIR
The consultant will prepare and provide the City with fifty (50) bound copies and 25 CD-ROM’s
of the Final EIR for public distribution and review. The consultant will send an appropriate
number of copies of the FEIR to the State Clearinghouse for its use. Two (2) camera-ready
copies and two (2) MS Word and PDF format copies will be submitted to the City.

Deliverables for Task M. shall include:
   Ten (10) copies of the Administrative Draft Final EIR #1 (and PDF and MS Word versions)
   Ten (10) copies of the Administrative Draft Final EIR #2 (and PDF and MS Word versions)
   Ten (10) copies of the Administrative Draft Final EIR #3 (and PDF and MS Word versions) –
    if necessary
   Three (3) copies of the Screencheck Final EIR #3 (and PDF and MS Word versions)
   Fifty (50) copies and twenty-five (25) CD-ROMs of the Public Review Final EIR #3 (and
    PDF and MS Word versions)

Task N.      Standard Conditions of Approval and Mitigation Monitoring and Reporting
          Program

The consultant will prepare Standard Conditions of Approval/Mitigation Monitoring and
Reporting Program (MMRP) for this project and will identify responsibility for implementing and
monitoring each standard condition of approval mitigation measure, along with monitoring
triggers and reporting frequency, subject to approval by City staff. The consultant will also work
closely with City staff to ensure that the program is prepared in a format that will be easy for staff
to implement and is tailored to the City’s approval procedures. A checklist will be prepared
listing these items and providing a column for verification of compliance. Monitoring will be
dovetailed with existing processes of project design, development, and review.

The SCA/MMRP will be submitted to City staff for review with the Administrative Draft Final
EIR #1, and revised showing additions and deletions in redline/strikeout format based upon City
comments. See deliverables for Task L. above.

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Coliseum Area Specific Plans RFP
IV.     RFP Submittal Process

A.      General Information

        1. A pre-proposal conference is scheduled for October 12, 2011 at 3 p.m. in
           Hearing Room 3 of Oakland City Hall. For firms planning to submit a proposal,
           but which are unable to attend the pre-proposal conference, it is recommended that
           those teams contact the City Administrator/Contracts and Compliance at (510) 238-
           3970 to review the City’s LBE/SLBE program. The pre-proposal conference will
           cover the following items:
               a.      Project information
               b.      The City’s Local Business Enterprise (LBE) and Small Local Business
                       Enterprise (SLBE) program
               c.      The City’s Living Wage Ordinance
               d.      The City’s Equal Benefits Ordinance
               e.      Proposal submittal requirements
               f.      Questions by attendees

        2. The teams selected for this program shall obtain or provide proof of having a current
           City of Oakland Business Tax Registration.

        3.    “Attachment I,” The City’s Local and Small Local Business Enterprise Program.
             The Local and Small Local Business Enterprise Program describes the objectives,
             goals and policies of the city regarding the participation of certified Local Business
             Enterprise / Small Local Business Enterprise (LBE/SLBE) in the City’s contracts.
             There is a twenty percent (20%) minimum participation requirement for all
             professional services contracts valued at fifty thousand dollars ($50,000) or more.
             Compliance may be achieved at a rate of ten percent (10%) local and 10% small local
             certified business participation. The requirement may be satisfied by a certified
             prime and/or sub-consultant(s) or a small local certified business may meet the
             twenty percent requirement. The City Administrator/ Contracts and Compliance staff
             must certify a business in order to earn credit toward meeting the twenty percent
             requirement. A good faith effort is not required in light of the twenty percent local
             business participation requirement.

             The consultant should not take the requirement lightly, since it will weigh in
             evaluating proposals and in the final consultant selection process. For definition of
             Certified LBE/SLBE, see Local and Small Local Business Enterprise Program,
             Attachment I, page 18.

             Teams located outside the City of Oakland are encouraged to establish either a joint
             venture or other consulting and sub-consulting arrangements with Oakland-based
             firms. Joint ventures will be required to conform to the pertinent laws, which govern
             the creation of such business arrangements. If a consultant is able to develop a Joint
             Venture or “Mentor-Protégé” relationship with a certified LBE or SLBE, the mentor
             or Joint Venture partners will enjoy the benefit of credits against the participation
             requirement. In order to earn credit for Joint Venture or Mentor-Protégé
             relationships, the agreement must be submitted for approval to the City
             Administrator/Contracts and Compliance staff prior to the project bid date for
             construction, and by proposal due date for professional services contracts. Joint


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Coliseum Area Specific Plans RFP
            Venture Applications and elements of City approved Mentor Protégé relation are
            available upon request.

            For tracking purposes, the consultant is asked to show the percentage and dollar
            amount of MBE/WBE participation on all sub-consultant listings. Consultants are
            asked to provide data regarding the racial, ethnic, and gender make up of listed sub-
            consultants and be prepared to provide documentation that demonstrates the
            methodology used to select all sub-consultants.

            Furthermore, the City Administrator’s Office will track the City’s MBE/WBE
            utilization to ensure the absence of unlawful discrimination on the basis of race,
            ethnicity or gender, and will make periodic reports to the City Council concerning
            such utilization. The City will report any discrimination in City contracts to the
            appropriate Federal and State agencies, and will take action against consultants that
            are found to be engaging in discriminatory acts or practices up to and including
            termination or debarment.

            4. Living Wage Ordinance             (LWO)
            This Agreement is subject to the Oakland Living Wage Ordinance which requires
            that nothing less than a prescribed minimum level of compensation (a living wage) be
            paid to employees of service Consultants (consultants) of the City and employees of
            City Financial Assistant Recipients (CFARs) (Ord. 12050 § 1, 1998). The Ordinance
            also requires submission of the Declaration of Compliance attached and incorporated
            herein as Schedule-N and made part of this Agreement, and, unless specific
            exemptions apply or a waiver is granted, the consultant must comply as follows:

             Minimum compensation – Said employees shall be paid an initial hourly wage
            rate of $11.35 with health benefits or $13.05 without health benefits. Effective July
            1st of each year, contractor shall pay adjusted wage rates.

             Health benefits – Said full-time and part-time employees paid at the lower living
            wage rate shall be provided health benefits of at least $1.62 per hour. Consultant
            shall provide proof that health benefits are in effect for those employees no later than
            30 days after execution of the contract or receipt of City financial assistance.

             Compensated days off – Said employees shall be entitled to twelve compensated
            days off per year for sick leave, vacation or personal necessity at the employee's
            request, and ten uncompensated days off per year for sick leave. Employees shall
            accrue one compensated day off per month of full time employment. Part-time
            employees shall accrue compensated days off in increments proportional to that
            accrued by full-time employees. The employees shall be eligible to use accrued days
            off after the first six months of employment or consistent with company policy,
            whichever is sooner. Paid holidays, consistent with established employer policy,
            may be counted toward provision of the required 12 compensated days off. Ten
            uncompensated days off shall be made available, as needed, for personal or
            immediate family illness after the employee has exhausted his or her accrued
            compensated days off for that year.

             Federal Earned Income Credit (EIC) – To inform employees that he/she may be
            eligible for EIC and shall provide forms to apply for advance EIC payments to
            eligible employees. There are several websites and other sources available to you.

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Coliseum Area Specific Plans RFP
            Web sites include but are not limited to: (1) http://www.irs.gov for current guidelines
            as prescribed by the Internal Revenue Service and (2) the 2008 Earned Income Tax
            Outreach Kit www.cbpp.or/eic/2008.

             Consultant shall provide to all employees and to the Office of Contract
            Compliance, written notice of its obligation to eligible employees under the City’s
            Living Wage requirements. Said notice shall be posted prominently in communal
            areas of the work site(s) and shall include the above-referenced information.

             Consultant shall provide all written notices and forms required above in English,
            Spanish or other languages spoken by a significant number of employees within 30
            days of employment.

             Consultant shall maintain a listing of the name, address, hire date, occupation
            classification, rate of pay and benefits for each of its employees. Consultant shall
            provide a copy of said list to the Office of the City Administrator/ Contracts and
            Compliance staff, on a quarterly basis, by March 31, June 30, September 30 and
            December 31 for the applicable compliance period. Failure to provide said list within
            five days of the due date will result in liquidated damages of five hundred dollars
            ($500.00) for each day that the list remains outstanding. Consultant shall maintain
            employee payroll and related records for a period of four (4) years after expiration of
            the compliance period.

             Consultant shall require sub consultants that provide services under or related to
            this Agreement to comply with the above Living Wage provisions. Consultant shall
            include the above-referenced sections in its subcontracts. Copies of said subcontracts
            shall be submitted to the Office of the City Administrator/ Contracts and Compliance
            staff.

            5 Equal Benefits Ordinance
            This contract will be subject to the Equal Benefits Ordinance of Chapter 2.232 of the
            Oakland Municipal Code and its implementing regulations. The purpose of this
            Ordinance is to protect and further the public, health, safety, convenience, comfort,
            property and general welfare by requiring that public funds be expended in a manner
            so as to prohibit discrimination in the provision of employee benefits by City
            consultants between employees with spouses and employees with domestic partners,
            and/or between domestic partners and spouses of such employees. (Ord. 12394
            (part), 2001)

            The Ordinance shall only apply to those portions of a consultant’s operations that
            occur (1) within the City; (2) on real property outside the City if the property is
            owned by the City or if the City has a right to occupy the property, and if the
            contract’s presence at that location is connected to a contract with the City; and (3)
            elsewhere in the United States where work related to a City contract is being
            performed. The requirements of this chapter shall not apply to subcontracts or sub-
            consultants.

            The Equal Benefits Ordinance requires among other things, submission of the
            attachment incorporated herein as Schedule N-1 – Equal Benefits-Declaration of
            Nondiscrimination.


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Coliseum Area Specific Plans RFP
            6. Non-Discrimination/Equal Employment Practices
            The consultant shall not discriminate or permit discrimination against any person or
            group of persons in any manner prohibited by federal, state or local laws. During the
            performance of this contract, consultant will agree as follows:

            a. Consultant and consultant’s sub-consultants, if any, shall not discriminate against
            any employee or applicant for employment because of age, marital status, religion,
            gender, sexual preference, race, creed, color, national origin, Acquired-Immune
            Deficiency Syndrome (AIDS), AIDS - related complex (ARC) or disability. This
            nondiscrimination policy shall include, but not be limited to, the following:
            employment, upgrading, failure to promote, demotion or transfer, recruitment
            advertising, layoffs, termination, rates of pay or other forms of compensation, and
            selection for training, including apprenticeship.

            b. Consultant and consultant’s sub-consultants shall state in all solicitations or
            advertisements for employees placed by or on behalf of consultant that all qualified
            applicants will receive consideration for employment without regard to age, marital
            status, religion, gender, sexual preference, race, creed, color, national origin,
            Acquired-Immune Deficiency Syndrome (AIDS), AIDS - related complex (ARC) or
            disability.

            c. Consultant shall make its goods, services, and facilities accessible to people with
            disabilities and shall verify compliance with the Americans with Disabilities Act by
            executing Schedule C-1 (“Declaration of Compliance with the Americans with
            Disabilities Act,”) attached to this RFP.

            d. If applicable, consultant will send to each labor union or representative of
            workers with whom consultant has a collective bargaining agreement or contract or
            understanding, a notice advising the labor union or workers’ representative of
            consultant’s commitments under this nondiscrimination clause and shall post copies
            of the notice in conspicuous places available to employees and applicants for
            employment.

            e. Consultant shall submit information concerning the ownership and workforce
            composition of consultant’s firm as well as its sub-consultants and suppliers by
            completing Schedule E (“Project Consultant”), attached to this RFP.

            f. All affirmative action efforts of consultants are subject to tracking by the City.
            This information or data shall be used for statistical purposes only. All consultants
            are required to provide data regarding the make-up of their sub-consultants and
            agents who will perform City contracts, including the race and gender of each
            employee and/or consultant and his or her job title or function and the methodology
            used by consultant to hire and/or contract with the individual or entity in question.

            g. In the recruitment of sub-consultants, the City of Oakland requires all consultants
            to undertake nondiscriminatory and equal outreach efforts, which include outreach to
            minorities and women-owned businesses as well as other segments of Oakland’s
            business community. The City Administrator will track the City’s MBE/WBE
            utilization to ensure the absence of unlawful discrimination on the basis of age,
            marital status, religion, gender, sexual preference, race, creed, color, national origin,


City of Oakland, CA                                                                               25
Coliseum Area Specific Plans RFP
            Acquired-Immune Deficiency Syndrome (AIDS), AIDS - related complex (ARC) or
            disability.

            h. In the use of such recruitment, hiring and retention of employees or sub-
            consultants, the City of Oakland requires all consultants to undertake
            nondiscriminatory and equal outreach efforts which include outreach to minorities
            and women as well as other segments of Oakland’s business community.

            7. City of Oakland Campaign Contribution Limits
            This contract will be subject to the City of Oakland Campaign Reform Act of
            Chapter 3.12 of the Oakland Municipal Code and its implementing regulations if it
            requires Council approval. The City of Oakland Campaign Reform Act prohibits
            consultants that are doing business or seeking to do business with the City of
            Oakland from making campaign contributions to Oakland candidates between
            commencement of negotiations and either180 days after completion of, or
            termination of, contract negotiations. Consultant must sign and date an
            Acknowledgment of Campaign Contribution Limits Form attached to this RFP as
            Schedule O.

            8. Nuclear Free Zone Disclosure
            Consultant represents, pursuant to Schedule P (“Nuclear Free Zone Disclosure
            Form”), that consultant is in compliance with the City of Oakland’s restrictions on
            doing business with service providers considered nuclear weapons makers. Prior to
            execution of the contract, consultant will be required to complete Schedule P,
            attached hereto.

            9. Prompt Payment Ordinance
            This contract is subject to the Prompt Payment Ordinance of Oakland Municipal
            Code, Title 2, Chapter 2.06 (Ordinance 12857 C.M.S, passed January 15, 2008 and
            effective February 1, 2008). The Ordinance requires that, unless specific exemptions
            apply, the Contractor and its subcontractors shall pay undisputed invoices of their
            subcontractors for goods and/or services within twenty (20) business days of
            submission of invoices unless the Contractor or its subcontractors notify the Liaison
            in writing within five (5) business days that there is a bona fide dispute between the
            Contractor or its subcontractor and claimant, in which case the Contractor or its
            subcontractor may withhold the disputed amount but shall pay the undisputed
            amount.

            Disputed late payments are subject to investigation by the City of Oakland Liaison, a
            member of the Office of the City Administrator/ Contracts and Compliance staff,
            upon the filing of a complaint. Contractor or its subcontractors opposing payment
            shall provide security in the form of cash, certified check or bond to cover the
            disputed amount and penalty during the investigation. If Contractor or its
            subcontractor fails or refuses to deposit security, the City will withhold an amount
            sufficient to cover the claim from the next Contractor progress payment. The City,
            upon a determination that an undisputed invoice or payment is late, will release
            security deposits or withholds directly to claimants for valid claims.

            Contractor and its subcontractors shall not be allowed to retain monies from
            subcontractor payments for goods as project retention, and are required to release
            subcontractor project retention in proportion to the subcontractor services rendered,

City of Oakland, CA                                                                                 26
Coliseum Area Specific Plans RFP
            for which payment is due and undisputed, within five (5) business days of payment.
            Contractor and its subcontractors shall be required to pass on to and pay
            subcontractors mobilization fees within five (5) business days of being paid such fees
            by the City. For the purpose of posting on the City's website, Contractor and its
            subcontractors, are required to file notice with the City of release of retention and
            payment of mobilization fees, within five (5) business days of such payment or
            release; and, Contractor is required to file an affidavit, under penalty of perjury, that
            he or she has paid all subcontractors, within five (5) business days following receipt
            of payment from the City. The affidavit shall provide the names and address of all
            subcontractors and the amount paid to each.

            If any amount due by a prime contractor or subcontractor to any claimant for goods
            and/or services rendered in connection with a purchase contract is not timely paid in
            accordance the Prompt Payment ordinance, the prime Contractor or subcontractor
            shall owe and pay to the claimant interest penalty in the amount of ten percent (10%)
            of the improperly withheld amount per year for every month that payment is not
            made, provided the claimant agrees to release the prime contractor or subcontractor
            from any and all further interest penalty that may be claimed or collected on the
            amount paid. Claimants that receive interest payments for late payment Prompt
            Payment ordinance may not seek further interest penalties on the same late payment
            in law or equity.

            Contractor and its subcontractors shall include the same or similar provisions as those
            set forth above in this section in any contract with another contractor or subcontractor
            that delivers goods and/or services pursuant to or in connection with this City of
            Oakland purchase contract.

            Prompt Payment invoice and claim forms are available at the following City of
            Oakland website: http://cces.oaklandnet.com/cceshome/ by clicking on the rightmost
            upper tab labeled Prompt Payment Ordinance. Invoice and claim inquiries should be
            directed to Vivian Inman, City of Oakland Liaison, 510-238-6261, Office of the City
            Administrator/ Contracts and Compliance, 250 Frank H. Ogawa Plaza, Suite 3341,
            Oakland, CA 94612.

            10. Professional Services Agreement 10% Retention
            The contract resulting from this RFP is subject to the City of Oakland Performance
            Retention requirements. Ten percent (10%) of the gross fee of this contract will be
            retained until the prescribed work is completed and accepted by the Agency.
            Satisfactory completion will be measured by agreed upon quantifiable performance
            standards. Performance standards measurements will be quantified by an
            independent auditor as selected by the Agency.




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Coliseum Area Specific Plans RFP
            11. The following City staff are available to answer questions regarding this
            RFP:

            Project Contacts
            Walter Cohen, Agency Director, CEDA
            Phone: (510) 238-2229

            Gregory Hunter, Deputy Director of Economic Development and Redevelopment
            Phone: (510) 238-2992

            RFP Contact
            Eric Angstadt, Deputy Director, CEDA
            Phone: 510-238-6190
            E-mail: eangstadt@oaklandnet.com

            Contract Compliance Requirements
            Vivian Inman
            Phone: (510) 238-6261
            E-mail: vinman@oaklandnet.com

            Contract Process, Business Tax Registration, Insurance, etc.
            James A. Bondi, CEDA Contract Administrator
            Phone: (510) 238-6654
            E-mail: jbondi@oaklandnet.com

B.      Submittal Requirements

Interested parties must submit ten (10) hard copies, as well as an electronic copy in PDF file
format on a CD of the proposals no later than 4 p.m. on Friday, November 4, 2011. All
submittals should be directed to:

City of Oakland
Eric Angstadt, Deputy Director,
Community and Economic Development Agency
250 Frank Ogawa Plaza, Suite 3315
Oakland, CA 94612

Each proposal should address the following:

1.       Statement of Understanding
After reviewing the Request for Proposal, the proposer shall provide a written statement
demonstrating an understanding of the project, through a detailed description of the proposed
project, including standard components, such as:
     Project narrative;
     List of types of uses (e.g., types of commercial, industrial, flex-office, retail, etc.);
     Estimates of land area (in acres) and total developed floor area (in square feet) devoted to
         each use;
     Estimated number of jobs generated by project.




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Coliseum Area Specific Plans RFP
2.     Planning Approach
The proposal shall contain a description of the team's or firm's approach toward the project with
emphasis on the following components:

a)       Nature of Specific Plans – Each Specific Plan should be both a policy and regulatory
document. They should be policy oriented, similar to a general plan but provide a more specific
set of policies that give direction about a mix of land uses or goals for particular developments.
Each Specific Plan should also be a regulatory document which effectively becomes a set of
zoning regulations that provide specific direction to the type and intensity of permitted uses or
defines other types of design criteria (and thus adopted by ordinance). A Developer consultant
should be on the consultant team, vetting proposals for new development for market-based
principles. Both Specific Plans should also include renderings, drawings and other illustrative
material to demonstrate land use, building mass and height, circulation patterns and overall
design of new development.

b)      Community Outreach and Participation – It is essential that the firm selected to prepare
the Specific Plans be facile in designing and executing an authentic and all-inclusive community
participation process. Dynamic professional facilitators must be involved to solicit feedback
from all participants and assist with consensus building.

c)      CEQA Review –Firms must consider and recommend the appropriate type of CEQA
review to be conducted – Programmatic EIR, Master EIR, other – and why, and how to avoid or
streamline project-level CEQA review for catalyst development projects. In addition, firms
should recommend whether an Initial Study should be prepared (or not) and why.

3.      Work Scope and Budget
All proposals shall contain a description of the basic concept and method for accomplishing the
necessary tasks outlined in the RFP, as well as a detailed budget by task (see #7 below in next
section).

4.       Timeframe for Deliverables
The City estimates that it will enter into a contract with the selected consultant in November
2011. A timeline for the various tasks identified in the Scope shall be developed as an attachment
to the consultant contract.

5.      Management Plan
All proposals shall include a detailed Management Plan to ensure completion of the described
tasks within the above-noted established timeframe in a reliable, cost effective manner. The
Management Plan shall contain the following information:

        a) Key Personnel – Identification of key staff persons who will be directly involved in
           the day-to-day administration of the project. This list must include all persons
           performing work under sub-contracts. Names, resumes, and period of employment
           of key staff persons must be included.

        b) Organization – The proposal shall include an organizational chart of all staff assigned
           to the project and number of hours to be committed to the project. Joint ventures are
           acceptable; however, one lead will be designated and held accountable as the
           contractor. A clear division of responsibilities and personnel must be outlined in the
           proposal with a clear delineation of authority as to each member of the Project Team.


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Coliseum Area Specific Plans RFP
         c) Familiarity with legal requirements – Familiarity of the team or firm with
            environmental policy analysis, CEQA requirements, and a range of implementation
            procedures.

6. Qualifications

Previous Experience: Provide descriptions of comparable projects, including dates, location,
concept, size, costs, and the unique challenges of the projects. Provide evidence of project
experience, particularly with mixed-use sports/entertainment, office, hotel, retail and/or industrial
parks uses, with emphasis on the following:

        Precise role of each prime and sub consultant, implementing the creation of Master or
         Specific Plans for comparable projects;
        Financial structure of the projects, including amount and source of equity and debt
         financing uses.
        Quality of design and landscaping (provide photographs of projects);
        Addressing if the developments resulting from the Master of Specific Plans were
         successful in securing sports/entertainment related, retail, office, hotel and/or industrial
         tenants, and what types and quality of tenants secured;
        Ability to successfully conduct market analysis as part of the master planning of a large-
         scale development;
        Demonstrated success in master planning and evaluation of infrastructure needed for a
         development consisting of at least 10 acres of land; and
        Familiarity with City planning procedures, Oakland zoning regulations, and a range of
         implementation procedures.

C.       Required Submittal Elements and Format

1.      Transmittal Letter
The proposal should include ten (10) hard copies, as well as an electronic copy in PDF file
format on a CD. Please address correspondence to: Eric Angstadt, Deputy Director, CEDA (see
section B, above). An officer of the Prime Consultant must sign the letter. In the case of a joint
venture or other joint-prime relationship, an officer of each venture partner shall sign.

2.      Project Team
List prime and sub-consultants with individual addresses, telephone numbers and areas of
expertise. Briefly describe the project responsibility of each team member. Identify which
consultants are Small Local Business Enterprises (SLBE) and Local Business Enterprises (LBE).

3.      Project Personnel
Project personnel includes:
        a.       Prime Consultant: Provide a detailed resume of the proposed principal-in-charge
        and the project manager(s) who shall be a full-time employee of the prime consultant for
        this project. Clearly identify experience relative to this project.
        b.       Sub-Consultants: Provide a detailed resume of the proposed project manager who
        shall be a full-time employee of each sub-consultant for this project. Clearly identify
        experience relative to this project.



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Coliseum Area Specific Plans RFP
4.    Relevant Experience – Prime Consultant and Sub-Consultants
The RFP submittals shall include:

        a. Describe experience in completing projects of the size and scope similar to the
        project discussed herein.
        b.      Describe ability to work with City staff and translate City requirements into a
        successful project.
        c.      Prime consultant should provide specific illustrations of up to five projects for
        which the consultant has provided professional services. For each project for which
        descriptions are included, please provide the following information:
                i) Project name and location
                ii) Brief description of project scope
                iii) Month/year analysis was (is to be) completed
                iv) Firm’s project responsibility
                v) Client name, address, contact person and telephone number
                vi) Project cost – projected and actual.

5.       Project Approach and Organization
Briefly describe how you would approach this project. Indicate your understanding of the critical
project elements, and what special approach your team will feature to control these elements.

6.      References
Prime consultant and sub-consultants: Three business-related references, giving name, company,
address, and telephone number and business relationship to firm(s).

7.     Project Budget
Hourly Billing Rates and Proposed “Not To Exceed” Maximum for Project:

        a. Prime consultant and sub-consultants shall provide a complete list of all staff hourly
        rates by category, i.e., Principal, Project Manager, etc. Hourly rates shall be all-inclusive,
        i.e., base salary, fringe benefits, overhead, profit, etc.
        b. Detailed budget broken down by task.
        c. “Not to Exceed” maximum dollar amount which will be the maximum cost to
        complete the project scope including expenses and sub-consultant work.

8.     Required Schedules
Schedule C-1: Americans with Disabilities Act: To be completed by prime consultant only

Schedule D: Ownership, Ethnicity, and Gender Questionnaire: To be completed by prime
consultant and all sub-consultants

Schedule E: Project Consultant form: To be completed by prime consultant only

Schedule M: Independent Contractors Questionnaire Part A: To be completed by prime
consultant only

Schedule N: Declaration of Compliance – Living Wage: To be completed by prime consultant
and all sub-consultants whose (anticipated) fee is in excess of $25,000

Schedule N-1: Equal Benefits Ordinance: Declaration of Nondiscrimination: To be completed by
prime consultant only

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Coliseum Area Specific Plans RFP
Schedule O: Campaign Contributions: Professional Services Questionnaire form: To be
completed by prime consultant only

Schedule P: Nuclear Free Zone Disclosure Form: To be completed by prime consultant only

Schedule Q: Insurance Requirement: Informational only.

Schedule Z: Certification of Debarment and Suspension: To be completed by prime consultant
and all sub-consultants

9. Number of Copies
The proposal should include ten (10) hard copies, as well as an electronic copy in PDF and
MS Word file formats on a CD.

V.      Evaluation Process

A.      Evaluation of Submittals

1.      The following criteria will be used to evaluate and rate the submittals:

        a) Overall quality of the submittal.
        b) Responsiveness and conformance to RFP requirements for content and format
           Quality and appropriateness of proposed project team.
        c) Professional experience, particularly on projects in Oakland, and background of
           prime consultant and sub-consultants.
        d) Ability to meet project deadline.
        e) Proposed project budget.
        f) Appropriate personnel (principals, project manager and other key personnel) with
           required licensure, experience and skills relevant to this project.
        g) Prime consultant and sub-consultants’ prior experience and ability to work with City
           staff and translate City requirements into a successful project.
        h) Quality and appropriateness of proposed project approach and organization.
        i) Knowledge and experience in working with relevant codes, regulations and agencies.

B.      Interview of Short-Listed Firms
1.      The City intends to invite three to eight firms to final interviews and to select one of the
        firms with which to negotiate a mutually agreeable contract.

2.      The firms selected to be interviewed will be notified in writing. It is presently anticipated
        that the interviews will be conducted within five working days of notification. The
        interviews will last approximately one hour, with the time allocated to the consultant’s
        presentation and a question-and-answer period. The finalist firms shall be prepared to
        discuss at the interview the estimated work effort in terms of the personnel allocations.
        Interviews will be held at a City of Oakland office (exact location to be determined).

3.      All firms invited for interviews will be treated as equals. That is, the submittal scores
        will have no bearing on the interview scores. The final selection will be based on a
        combination of submittal and interview scores.




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Coliseum Area Specific Plans RFP
4.      Tentative Schedule of Events:

The City anticipates the tentative schedule of events to be as follows:

               Distribution of RFP                        September 28, 2011
               Pre-proposal Meeting                       October 12, 2011 (3pm)
               Submission of RFP                          November 4, 2011
               Evaluation of Rankings                     tbd
               Notification of Interviews                 tbd
               Consultant team Interview                  tbd
               Contract Negotiations                      December, 2011
               Contract Documentation Distribution        January, 2012
               City Council awards Contract               February, 2012

Please ensure that your consultant team will be available on the dates of the interview.

C.      Limitations
1.      All responses to the RFP become the property of the City.

2.      This RFP does not commit the City to award a contract or to pay any costs incurred in the
        preparation of the proposal.

3.      The City reserves the sole right to evaluate each proposal and to accept or reject any or
        all proposals received as a result of this RFP process.

4.      The City reserves the right to cancel in part, or in its entirety, this RFP and to waive any
        irregularities in the RFP process.

5.      The City may require Contractor to participate in negotiations and to submit technical
        information, or other revisions to qualifications as may result from negotiations.

6.      California Public Records Act and the City of Oakland Sunshine Ordinance - Once a final
        award is made, all RFP responses except certain financial and proprietary information
        become a matter of public record and shall be regarded by the City as public records.
        The City shall not in anyway be liable or responsible for the disclosure of any such
        records or portions thereof if the disclosure is made pursuant to a request under the
        California Public Records Act or the City of Oakland Sunshine Ordinance. Respondents
        should be aware that under the California Public Records Act and the City of Oakland
        Sunshine Ordinance, all documents submitted in response to this RFP, including financial
        information, are considered public records and may be subject to public disclosure.

7.      The contractor selected for this project shall obtain or provide proof of having a current
        City of Oakland Business License.

8.      Council Policies and Procedures – Contractors must comply with all City Council
        policies and established procedures as outlined in Attachment 9 (the City’s LBE/SLBE
        Program and other contracting Schedules).

9.      Under the requirements of OMB Circular A-133 Supplement, Part 3, Section 1, the City
        is required to obtain certifications that contractors and sub-grantees receiving awards


City of Oakland, CA                                                                                  33
Coliseum Area Specific Plans RFP
          exceeding $100,000 have not been suspended or debarred from participating in federally
          funded procurement activities.

10.       The City reserves the unqualified right to modify, suspend, or terminate at its sole
          discretion any and all aspects of the RFP and/or RFP process, to obtain further
          information from any and all contractor teams and to waive any defects as to form or
          content of the RFP or any responses.

D.      Conflict of Interest/Confidentiality/City-Consultant Relationship
Consultant shall avoid all conflicts of interest and respect its relationship with the City by
maintaining confidentiality of materials deemed confidential by law. Consultant specifically
agrees to the following:

         Consultant agrees that it presently has no interest, and shall not have any interest, direct
          or indirect, which would conflict in any manner with the performance of services
          required under this RFP. Without limitation, the consultant represents to and agrees with
          the City that no conflict of interest is created between providing the City services
          hereunder and any interest consultant may have with respect to any other person or entity
          (including but not limited to any federal or state regulatory agency) which has any
          interest adverse or potentially adverse to the City.

         Every communication between consultant and the City and/or City Attorney shall be
          considered to be a confidential communication between client and lawyer (see California
          Evidence Code Section 952), and the confidential work product of the City Administrator
          and City Attorney , and therefore shall be held in strict confidence. All reports, analysis,
          maps, diagrams or any documents prepared or assisted in the preparation of or by the
          consultant, shall be considered to be prepared pursuant to said lawyer-client relationship.
          All of the above mentioned documents are also considered the work product of the City
          Administrator and Attorney and shall not be communicated to any person except as
          specifically authorized in writing signed by the City Administrator and City Attorney.

         The Fair Political Practices Act and/or California Government Code Section 1090, among
          other statutes and regulations may prohibit the City from contracting with an consultant if
          the consultant or an employee, officer or director of the Consultant’s firm, or any
          immediate family of the preceding, or any team member or subcontractor to Consultant,
          is serving as a public official, elected official, employee, board or commission member of
          the City who will award or influence the awarding of the contract or otherwise participate
          in the making of the contract. The making of a contract includes actions that are
          preliminary or preparatory to the selection of an consultant such as, but not limited to,
          involvement in the reasoning, planning and/or drafting of solicitations for bids and RFPs,
          feasibility studies, master plans or preliminary discussions or negotiations.

VI.       Selection Process

A.        Contract Negotiations
1.        The completion of the interview process will result in the firms being numerically ranked.
          The firm ranked first will be invited to participate in negotiations for contract terms and
          fee amount. Should the City and the first ranked firm not be able to reach an agreement
          as to contract terms and fee amount within a reasonable time frame, the City may



City of Oakland, CA                                                                                 34
Coliseum Area Specific Plans RFP
        terminate the negotiations and begin negotiations with the second ranked firm, and
        proceed down the list as necessary until an agreement is reached or the list is exhausted.

2.      The contract amount will be a not-to-exceed amount, to be established based on the scope
        of services and tasks listed in Section III. Any task in the scope of services may be
        deleted at the City’s discretion.

3.      Reimbursable expenses will be negotiated. The amount for such expenses shall be
        included in the budget.

B.      Contract Award
1.      Upon successful completion of the negotiations, a request to the City Council shall be
        made to authorize the award of the contract to the selected firm.

2.      After the contract has been executed, the City shall issue the consultant a Notice to
        Proceed.

3.      The selected consultant will be required to maintain auditable records, documents, and
        papers for inspection by authorized local, state and federal representatives. Therefore,
        the consulting team may be required to undergo an evaluation to demonstrate that the
        firm uses recognized accounting and financial procedures.

VII.    Attachments

Attachment 1: Map of project areas.
Attachment 2: City of Oakland plans and initiatives pertinent to area
Attachment 3: List of adopted plans and studies (e.g., General Plan + EIR)
Attachment 4: Map of current zoning of project areas
Attachment 5: Guidelines for Environmental Consultant Contracts
Attachment 6: City of Oakland Initial Study + EIR Checklist
Attachment 7: City of Oakland CEQA Thresholds/Criteria of Significance
Attachment 8: City of Oakland Standard Conditions of Approval and Mitigation Measures
Attachment 9: RFP packet of forms and schedules for City Professional Services Contracts




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Coliseum Area Specific Plans RFP
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                     65TH AV
64TH AV
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                                                                                                                                                             OAKLAND INTERNATIONAL AIRPORT


                                                                                                                                                                                                                                                                        Legend
                                                                                                                                                                                                                                                                                         Specific Plan Boundary

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                                  Coliseum Area Specific Plans
                                                                                                                                                                                                                                                                                               City of Oakland, CEDA, Strategic Planning
                                                                                                                                                                                                                                                                                                                            August 2011



                                  Plan Area Boundary
Attachment 2. City of Oakland plans and initiatives pertinent to area

Adopted Plans
Central City East        http://www2.oaklandnet.com/Government/o/CEDA/o/   Kimani Rogers,
Redevelopment Plan       Redevelopment/o/CCE/index.htm                     Community and Economic
                                                                           Development Agency,
                                                                           Redevelopment, (510) 238-
                                                                           6204
Coliseum Authority       Not available online.                             Renee Savage, Coliseum
Feasibility Study                                                          Authority, (510) 383-4801
Coliseum Redevelopment   http://www2.oaklandnet.com/Government/o/CEDA/o/   Larry Gallegos,
Plan                     Redevelopment/o/Coliseum/index.htm                Community and Economic
                                                                           Development Agency,
                                                                           Redevelopment, (510) 238-
                                                                           6174




                                                                                                  1
Attachment 3. List of adopted plans and studies

Adopted Plans
Estuary Policy Plan             http://www.portofoakland.com/realesta/reso_05.asp
City of Oakland General         http://www.oaklandnet.com/government/ceda/revised/p
Plan Elements:                  lanningzoning/StrategicPlanningSection/CWPolicies.ht
                                ml
  Land Use and Transportation
  Element
  Opens Space
  Recreation and
  Conservation Element
  Historic Preservation
  Element
  Bicycle Master Plan
  Pedestrian Master
  Plan
  Housing Element
  Noise Element
  Safety Element
  Scenic Highways
Bicycle Master Plan EIR         http://www2.oaklandnet.com/Government/o/PWA/o/E
                                C/s/BicycleandPedestrianProgram/OAK024597
Oakland Waterfront Trail:       http://www2.oaklandnet.com/Government/o/PWA/o/E          Diane Tannenwald,
Bay Trail Feasibility and       C/s/MeasureDD/OAK025952                                  Community and Economic
Design Guidelines                                                                        Development Agency,
                                                                                         Public Works, (510)238-
                                                                                         6386
2007 Adopted City of            http://www.oaklandnet.com/budgetoffice/07-
Oakland Capital                 12AdoptedCIP_FINAL.pdf
Improvement Plan (CIP)

2007 AC Transit DEIR/EIS        http://www.actransit.org/planning-focus/your-guide-to-
for the Bus Rapid Transit       bus-rapid-transit/brt-project-status/
Project

Alameda County CMA              http://www.accma.ca.gov/pages/HomeCongestionMgm
Draft 2007 CIP and              t.aspx
adopted 2004 Capital
Improvement Plan (CIP)
MTC’s Regional                  http://www.mtc.ca.gov/planning/2030_plan/index.htm
Transportation Plan 2030




                                                                                                               1
Relevant Initiatives
Measure DD                    http://www2.oaklandnet.com/Government/o/PWA/o/E   Joel Peter, Measure DD
                              C/s/MeasureDD/OAK022503                           Program Manager
                                                                                Office of the City
                                                                                Administrator,
                                                                                (510) 238-7276
Measure DD EIR                http://www2.oaklandnet.com/Government/o/CEDA/o/
                              PlanningZoning/s/Application/DOWD009158
Industrial Strategy Grant:                                                      Margo Leder-Prado,
Existing Infrastructure                                                         Community and Economic
Conditions Study in                                                             Development Agency,
Tidewater area (Tidewater                                                       Economic Development,
Ave. / High St. circulation                                                     (510) 238-6766
study as well)




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                                                                                                                                                 OAKLAND INTERNATIONAL AIRPORT
                                                                                                                                                                                                            IG                                               Legend
                                                                                                                                                                                                                                                                              Zoning

                                                                                                                                                                                                                                                                              Specific Plan Boundary

                                                                                                                                                                                                                                                                              Parcels within the Plan Boundary                  RD
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                                  Coliseum Area Specific Plans
                                                                                                                                                                                                                                                                                    City of Oakland, CEDA, Strategic Planning
                                                                                                                                                                                                                                                                                                                 August 2011



                                  Zoning
                                      GUIDELINES FOR ENVIRONMENTAL
                                  CONSULTANT CONTRACTS CONCERNING
                                      PRIVATE DEVELOPMENT PROJECTS


    These guidelines are intended for use by City staff and all environmental consultants when
    evaluating private development projects under the California Environmental Quality Act
    (CEQA). These guidelines may be adapted, where appropriate, for use by City staff and
    environmental consultants when evaluating City-sponsored projects and when evaluating
    projects under the National Environmental Policy Act (NEPA). These guidelines are
    intended to apply to all environmental consultants, regardless of contractual relationship
    (e.g., guidelines apply to a transportation consultant acting as a sub-consultant to a prime
    consultant (i.e., the preparer of an EIR, (M)ND or exemption document) and to a
    transportation consultant contracting directly with a project sponsor).

    SCOPE OF WORK AND CONTRACT

    1. After consultant is selected by applicant, subject to City approval, City must
       review/comment on draft scope of work before it is sent to applicant and City must
       affirmatively approve (in writing) proposed scope of work (including that of sub-
       consultants) before scope is finalized. City’s approval of scope does not restrict, in any
       manner, City’s ability to require new or additional information at any time it deems
       necessary in order to satisfy CEQA and/or City environmental review requirements.
       Note: This provision does not restrict consultants from providing draft scope to applicant
       as part of applicant’s consultant selection process. The purpose of this provision is to
       encourage City involvement in drafting (and eventual approval) of scope of work as early
       in the process as possible.

    2. Include the following standard language in the contract with the applicant:

               In accordance with CEQA Section 21082.1(c)(3), environmental
               documents prepared pursuant to CEQA must reflect the independent
               judgment of the City of Oakland as the lead agency. The final
               responsibility for the content and adequacy of the [type of environmental
               document] lies in the sole discretion of the City of Oakland and its
               designated representatives. Therefore, [consultant name] will work under
               the sole direction and control of the City of Oakland.

    3. Consultant’s contract with applicant shall include language providing for defense,
       indemnity and hold harmless of City (its councilmembers, agents, officers, employees,
       public officials) and naming City (its councilmembers, agents, officers, employees,
       public officials) as additional insured in same manner and to same extent as applicant. If
       applicant does not require insurance and/or defense/indemnity obligations in contract
       with consultant, then consultant must maintain insurance acceptable to City with City
       named as insured.



12/7/09                                                                                            1
    4. Provide copy of final contract, scope of work and budget, including copies of all
       amendments, to City. In the event that case planner is an outside contract planner, final
       contract, scope of work and budget may be provided to contract planner’s contact at City
       in lieu of providing documents to contract planner.

    5. City bears absolutely no responsibility/liability for mediating payment disputes between
       consultant and applicant. Notify City if any payment dispute is affecting consultant’s
       ability to continue work. City generally does not review nor approve consultant invoices
       to applicant, although City reserves right to do so.

    GUIDANCE & ENVIRONMENTAL ANALYSIS

    6. Consult early with City for latest templates and guidance documents, including the
       following:

               Initial Study Template
               Thresholds/Criteria of Significance Guidelines
               Standard Conditions of Approval
               Transportation Impact Study Guidelines
               Cumulative Impacts Guidance

    7. City review of scope of work and administrative drafts for transportation impact studies
       involves special procedures and fees. Consult with City for latest procedures.

    8. Consultant shall be responsible for reviewing recent environmental documents (complete
       and/or in process) to make certain that approaches, assumptions, methodologies and
       impact conclusions for project are consistent with other environmental documents.
       Where appropriate, consultant shall coordinate and discuss such with other consultants
       working on other environmental documents. Consultant shall contact City case planner
       to obtain list of other relevant projects.

    9. Whenever an Initial Study is produced in advance of an EIR, it must be publicly
       circulated with a Notice of Preparation.

    DOCUMENT MANAGEMENT

    10. City must review and approve administrative drafts of all environmental documents and
        technical reports.

    11. All administrative drafts, final documents, and correspondence concerning environmental
        review shall be submitted directly to City case planner unless otherwise directed by City.
        Such documents shall not be distributed to any third party, including a project applicant,
        without prior consent of City case planner (or his/her supervisor or designee).

    12. Assume at least three administrative drafts plus one screencheck will be required for the
        following documents (less complex/controversial projects may require fewer than three



12/7/09                                                                                             2
          administrative drafts; extremely complex/controversial projects may require more than
          three administrative drafts):

                 Initial Studies
                 Draft EIRs
                 Response to Comments/Final EIRs
                 Addenda to Previous Environmental Documents

    13. Contact City case planner to determine number of copies of administrative drafts and
        final documents to be submitted to City. Assume 12 hard copies and one electronic
        version on DVD/CD (in MS Word format) of each administrative draft will be required.
        Assume 75 hard copies and ten DVDs/CDs (with document in PDF format) for final
        documents will be required.

    14. Unless otherwise directed by City, assume City will circulate administrative drafts to
        applicable internal agencies.

    15. Assume at least three weeks for City review/comment on Administrative Draft #1; two
        weeks for each subsequent draft; and one week for screencheck. For more
        complicated/controversial projects, additional time should be budgeted.

    16. Assume City will not submit a uniform set of comments on each administrative draft (i.e.,
        comments may come from different departments/entities within City). It is consultant’s
        responsibility to consolidate and reconcile comments. If City comments are submitted to
        prime consultant and contain relevant information for other environmental consultants,
        the prime consultant is responsible for distributing City comments to all other
        environmental consultants, as appropriate, regardless of contractual relationship between
        consultants.

    17. When submitting revised administrative drafts to City, documents should identify edits in
        redline (i.e., via underline and strike-out) from previous version. Prime consultant is
        responsible for ensuring that all previous City comments (both comments intended for
        prime consultant and comments intended for other environmental consultants) are
        addressed in the revised administrative draft document submitted to City, regardless of
        contractual relationship between consultants.

    18. Unless otherwise directed by City, assume consultant will prepare the following notices
        and companion documents:

                 Request for Water Supply Assessment
                 Notice of Preparation of Draft EIR
                 Notice of Intent to Adopt a (Mitigated) Negative Declaration
                 Notice of Completion
                 Notice of Availability of Draft EIR/Final EIR
                 Standard Conditions of Approval/Mitigation Monitoring and Reporting Program
                 Notice of Determination



12/7/09                                                                                           3
    19. Unless otherwise directed by City, assume City will publish/circulate all environmental
        notices and documents, except consultant will be responsible for submitting documents to
        State Clearinghouse and providing certificate of mailing/delivery to City.

    20. Consultant shall maintain all materials referenced in the environmental document and
        shall promptly provide such materials to City upon City’s request.

    MEETINGS

    21. Assume at least the following three public meetings (for more complicated/controversial
        projects or projects requiring City Council action and/or Landmarks Preservation
        Advisory Board review, additional meetings should be budgeted):

               Planning Commission Scoping Session (only if EIR required)
               Hearing on Draft EIR (only if EIR required)
               Planning Commission decision on environmental document and project

    22. For projects requiring an EIR, assume at least the following 12 meetings with City (for
        more complicated/controversial projects or projects requiring City Council action and/or
        Landmarks Preservation Advisory Board review, additional meetings should be
        budgeted):

               1 – Kickoff (discuss overall approach to environmental review process)
               1 – Project Scope (after review/comment on draft scope of work)
               1 – Meeting after Planning Commission Scoping Session
               4 – Meeting for each round of comments on administrative DEIR (total of 4)
               1 – After Planning Commission DEIR hearing
               4 – Meeting for each round of comments on administrative FEIR (total of 4)

    CONFIDENTIALITY OF DOCUMENTS

    23. Administrative drafts are considered to be confidential and not to be shared with any
        third party, including the applicant, without prior consent of City case planner (or his/her
        supervisor or designee).

    24. City comments on administrative drafts are considered to be confidential and not to be
        shared with any third party, including the applicant.

    TIMEFRAMES FOR CONDUCTING ENVIRONMENTAL REVIEW

    25. Consultant shall promptly and diligently conduct the required environmental analysis in
    order to meet the timeframes provided in CEQA and the City’s environmental review
    regulations, or provided in a schedule approved by City. If consultant does not timely
    produce the CEQA document and/or provide information/materials requested by City for
    whatever reason, City reserves the right to consider project inactive. In accordance with City



12/7/09                                                                                            4
    practice, inactive projects may be considered withdrawn or may be denied on project’s
    merits. Delay in environmental analysis and/or reactivation of an inactive project may affect
    scope of work of environmental analysis due to changes to circumstances surrounding
    project/analysis, changes to City procedures, and/or changes to legal requirements.




12/7/09                                                                                         5
City of Oakland
File No.
Reference No.


****THIS INITIAL STUDY MUST BE USED IN CONJUNCTION WITH THE
CEQA THRESHOLDS / CRITERIA OF SIGNIFICANCE GUIDELINES. THE
GUIDELINES CONTAIN DIRECTIONS, HELPFUL DISCUSSIONS, TABLES,
NOTES, AND DEFINITIONS THAT ARE NECESSARY TO PROPERLY
COMPLETE THE INITIAL STUDY CHECKLIST AND CEQA REVIEW ****

NOTE: All shaded text and footnotes in the document should be removed prior to
document submittal and publication

                                               (July 15, 2008)

      INITIAL STUDY AND ENVIRONMENTAL REVIEW
      CHECKLIST
      California Environmental Quality Act (CEQA)

  1. Project Title:

  2. Lead Agency Name and Address:
                           City of Oakland
                           Community and Economic Development Agency, Planning Division
                           250 Frank H. Ogawa Plaza, Suite 3315
                           Oakland, CA 94612

  3. Contact Person and Phone Number:

  4. Project Location:

  5. Project Sponsor’s Name and Address:

  6. General Plan Designation:

 7. Zoning:

 8.Description of Project:

 9.   Surrounding Land Uses and Setting:

 10. Actions/permits which may be required , and for which this document provides CEQA clearance, include
     without limitation:

 11. Other Public Agencies Interested in the Project




July 15, 2008                                                                                     1
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages [END
HERE FOR NEGATIVE DECLARATIONS],

[USE THE FOLLOWING FOR MND]:which can be mitigated to less than significant levels.

 [USE THE FOLLOWING FOR EIR]: which will be further studied in the EIR. No other environmental
factors will be further studied in the EIR.


   Aesthetics                           Agricultural Resources                   Air Quality

   Biological Resources                 Cultural Resources                      Geology/Soils

   Hazards/Hazardous Materials          Hydrology/Water Quality                 Land Use/Planning

   Mineral Resources                    Noise                                   Population/Housing

   Public Services                      Recreation                               Transportation/Traffic

   Utilities/Service Systems            Mandatory Findings of Significance




July 15, 2008                                                                                             2
DETERMINATION

On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment with
Uniformly Applied Development Standards imposed as Standards Conditions of Approval, and a
NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because mitigation measures and Uniformly Applied
Development Standards (imposed as Standard Conditions of Approval) have been imposed on the
project. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a “potentially significant impact” or “potentially
significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately
analyzed in earlier document(s) pursuant to applicable legal standards, and 2) has been addressed by
mitigation measures or Uniformly Applied Development Standards (imposed as Standard Conditions
of Approval) based on the earlier analysis, and, in part, on CEQA Guidelines section 15183. An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain
to be addressed, which include [LIST ALL TOPICS TO BE STUDIED IN THE EIR]. No other
environmental factors will be further studied.


I find that although the proposed project could have a significant effect on the environment, because
all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant
to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that
are imposed upon the proposed project, nothing further is required.




Signature                                                     Date

Planner Name                                                  For Eric Angstadt
Title                                                         Deputy Director of the
                                                              Community and Economic Development Agency
                                                              Environmental Review Officer




July 15, 2008                                                                                              3
EVALUATION OF ENVIRONMENTAL IMPACTS
CEQA requires that an explanation of all answers be provided along with this checklist, including a discussion of
ways to mitigate any significant effects identified.

Once the lead agency has determined that a particular physical impact may occur, and then the checklist answers
must indicate whether the impact is potentially significant, less than significant with mitigation, less than
significant with development standards, or less than significant. As defined here, a “Potentially Significant
Impact” is appropriate if the significant effect is considered to have a substantial or potentially substantial adverse
effect on the environment.        If there are one or more “Potentially Significant Impact” entries when the
determination is made, an EIR is required.

A “Less than Significant with Mitigation” answer applies where incorporation of a mitigation measure has
reduced an effect from a “Potentially Significant Impact to a “Less than Significant Impact” The lead agency must
describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

A “Less than Significant with Standard Condition of Approval” answer applies where incorporation of a
development standard has reduced an effect from a “Potentially Significant Impact to a “Less than Significant
Impact.” The City’s Uniformly Applied Development Standards (contained in a separate document) are
incorporated into projects as Standard Conditions of Approval regardless of a project’s environmental
determination. As applicable, the Standard Conditions of Approval are adopted as requirements of an individual
project when it is approved by the City and are designed to, and will, substantially mitigate environmental effects,
in part, pursuant to CEQA Guidelines section 15183. In reviewing project applications, the City determines which
of the standard conditions are applied, based upon the zoning district, community plan, and the type(s) of
permit(s)/approvals(s) required for the project. Depending on the specific characteristics of the project type
and/or project site, the city will determine which standard conditions apply to each project; for example, standard
conditions related to creek protection permits will only be applied projects on creekside properties.

The Standard Conditions of Approval incorporate development policies and standards from various adopted
plans, policies, and ordinances (such as the Oakland Planning and Municipal Codes, Oakland Creek Protection,
Stormwater Water Management and Discharge Control Ordinance, Oakland Tree Protection Ordinance, Oakland
Grading Regulations, National Pollutant Discharge Elimination System (NPDES) permit requirements, Housing
Element-related mitigation measures, California Building Code, and Uniform Fire Code, among others), which
have been found to substantially mitigate environmental effects. Where there are peculiar circumstances
associated with a project or project site that will result in significant environmental impacts despite
implementation of the Standard Conditions, the City will determine whether there are feasible mitigation
measures to reduce the impact to less than significant levels in the course of appropriate CEQA review (mitigated
negative declarations or EIRs).

A “Less than Significant Impact” answer applies where the project creates no substantial or potentially substantial
adverse effect on the environment.

A “No Impact” answer applies where a project does not create any impact in that category. A “No Impact” answer
needs to be adequately supported by the information sources a lead agency cites in the parentheses following each
question. A “No Impact answer is adequately supported if the referenced information sources show that the
impact simply doesn’t apply to projects like the one under involved. A “No Impact” answer should be explained
where it is based on project –specific factors as well as general standards.




July 15, 2008                                                                                                 4
                                                                                                           Less than
                                                                                              Potentially Significant
                                                                                              Significant    with
                                                                               Potentially      Unless     Standard    Less than
                                                                              Significant      Mitigation Condition of Significant      No
                                                                                 Impact       Incorporated Approval      Impact        Impact

I. AESTHETICS -- Would the project:

a) Have a substantial adverse effect on a scenic vista?          1                                                   

b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings within
a state or locally designated scenic highway?                                                                     

c) Substantially degrade the existing visual character or
quality of the site and its surroundings? 2                                                                       

d) Create a new source of substantial light or glare which would
substantially and adversely affect day or nighttime views in the
area?                                                                                                             

e) Introduce landscape that now or in the future cast substantial shadows
on existing solar collectors (in conflict with California
Public Resource Code Section 25980-25986)?                                                                        

f) Cast shadows that substantially impairs the function of a
building using passive solar heat collection, solar collectors for
hot water heating, or photovoltaic solar collectors?                                                              

g) Cast a shadow that substantially impairs the beneficial use of
any public or quasi-public park, lawn, garden, or open space?                                                     

h) Cast shadow on an historic resource, as defined by CEQA
Section 15064.5(a), such that the shadow would materially impair
the resource’s historic significance by materially altering those
physical characteristics of the resource that convey its historical
significance and that justify its inclusion on or eligibility for listing
in the National Register of Historic Places, California Register of
Historical Resources, Local Register of Historic Resources or a
historical resource survey form (DPR Form 523) with a rating
of 1-5? 3                                                                                                         

i) Require an exception (variance) to the policies and
regulations in the General Plan, Planning Code, or Uniform
Building Code, and the exception causes a fundamental
conflict with policies and regulations in the General Plan,
Planning Code, and Uniform Building Code addressing the
Provision of adequate light related to appropriate uses?



1 Only  impacts to scenic views enjoyed by members of the public generally (but not private views) are potentially significant.
2 For projects requiring design review, the Initial Study should briefly evaluate the project’s consistency with the applicable
design review criteria. Projects consistent with the design review criteria will generally be found to result in a less than
significant impact.
3 The City of Oakland’s definition of a Historic Resource is located in Appendix A of the CEQA Thresholds / Criteria of Significance
Guidelines.


July 15, 2008                                                                                                                  5
                                                                                                     Less than
                                                                                        Potentially Significant
                                                                                        Significant    with
                                                                          Potentially     Unless     Standard    Less than
                                                                         Significant     Mitigation Condition of Significant    No
                                                                            Impact      Incorporated Approval      Impact      Impact
j) Create winds exceeding 36 mph for more than 1 hour during
daylight hours during the year? 4                                                                                      

II. AGRICULTURAL RESOURCES -- Would the project:

a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resource Agency, to non-
agricultural use?

b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?

c) Involve other changes in the existing environment which, due
to their location or nature, could result in conversion of
Farmland to non-agricultural use?

III. AIR QUALITY -- Would the project:

Project Impacts
a) Conflict with or obstruct implementation of the applicable
air quality plan?

b) Violate any air quality standard or contribute substantially to
an existing or projected air quality violation?

c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-attainment
under an applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative
thresholds for ozone precursors)?

d) Expose sensitive receptors to substantial pollutant
concentrations?

e) Frequently create substantial objectionable odors affecting a
substantial number of people?

f) Contribute to CO concentrations exceeding the State AAQS
of 9 ppm averaged over 8 hours and 20 ppm for 1 hour? 5




4 The wind analysis only needs to be done if the project’s height is 100 feet or greater (measured to the roof) and one of the
following conditions exist: a) the project is located adjacent to a substantial water body (i.e., Oakland Estuary, Lake Merritt
or San Francisco Bay); or b) the project is located in Downtown.
5 Pursuant to BAAQMD, localized carbon monoxide concentrations should be estimated for projects in which (1) vehicle
emissions of CO would exceed 550 lb/day; (2) intersections or roadway links would decline to LOS E or F; (3) intersections
operating at LOS E or F will have reduced LOS; or (4) traffic volume increase on nearby roadways by 10% or more unless
the increase in traffic volume is less than 100 vehicles per hour.


July 15, 2008                                                                                                            6
                                                                                                        Less than
                                                                                           Potentially Significant
                                                                                           Significant    with
                                                                            Potentially      Unless     Standard    Less than
                                                                           Significant      Mitigation Condition of Significant    No
                                                                              Impact       Incorporated Approval      Impact      Impact
g) Result in total emissions of ROG, NOx, or PM10 of 15 tons
per year or greater, or 80 pounds (36 kilograms) per day or
greater? 6

h) Result in potential to expose persons to substantial levels of
Toxic Air Contaminants (TAC), such that the probability of
contracting cancer for the Maximally Exposed Individual (MEI)
exceeds 10 in one million?

i) Result in ground level concentrations of non-carcinogenic
TACs such that the Hazard Index would be greater than 1 for the
MEI?

j) Result in a substantial increase in diesel emissions?

Cumulative Impacts
k) Result in any of the above project-specific significant impacts?

l) Result in a fundamental conflict with the local general plan,
when the general plan is consistent with the regional air quality
plan? When the general plan fundamentally conflicts with the
regional air quality plan, then if the contribution of the proposed
project is cumulatively considerable when analyzed the impact to
air quality should be considered significant?

Plan Impacts 7
m) Fundamentally conflict with the currently adopted Bay Area
Clean Air Plan (CAP) because population growth for the
jurisdiction exceeds values in the CAP, based on population
projections in ABAG’s currently adopted Projections?

n) Fundamentally conflict with the CAP because the rate of
increase in vehicle miles traveled (VMT) in the jurisdiction is
greater than the rate of increase in population?

o)Fundamentally conflict with the CAP because the project
does not demonstrate reasonable efforts to implement
transportation control measures (TCMs) in the CAP?

Greenhouse Gas Emissions and Global Climate Change
Impacts. 8

6 The  BAAQMD maintains a PM 2.5, NOx, and Ozone monitoring station in East Oakland along International Blvd. and
data from this station should be obtained and used. The consultant must submit a public records request to BAAQMD to
obtain this information. The form can be submitted via their website:
http://www.baaqmd.gov/adm/public_records_request.htm.
7 This thresholds should be analyzed only for Amendments to General Plans, Redevelopment Plans and/or Specific Plans
8 Although no threshold has been established, Green House Gas Emissions and Global Climate Change Impacts must also be discussed /
evaluated in environmental documents. Use the standard language/approach located in Appendix F1 of the CEQA Thresholds / Criteria of
Significance Guidelines.




July 15, 2008                                                                                                               7
                                                                                                 Less than
                                                                                    Potentially Significant
                                                                                    Significant    with
                                                                      Potentially     Unless     Standard    Less than
                                                                     Significant     Mitigation Condition of Significant    No
                                                                        Impact      Incorporated Approval      Impact      Impact

IV. BIOLOGICAL RESOURCES - - Would the project:

a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate, sensitive
or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or regional
plans, policies, regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife Service?

c) Have a substantial adverse effect on federally protected
wetlands (as defined by Section 404 of the Clean Water Act) or
state protected wetlands, through direct removal, filling,
hydrological interruption, or other means?

d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with established
native resident or migratory wildlife corridors, or impede the use
of native wildlife nursery sites?

e) Fundamentally conflict with any applicable habitat
conservation plan or natural community conservation plan?

f) Fundamentally conflict with the City of Oakland Tree
Preservation Ordinance (Oakland Municipal Code
(OMC) Chapter 12.36) by removal of protected trees under
certain circumstances? Factors to be considered in determining
significance include: The number, type, size, location and
condition of (a) the protected trees to be removed and/or impacted
by construction and (b) the protected trees to remain, with special
consideration given to native trees.

Protected trees include the following: Quercus agrifolia (California
or coast live oak) measuring four inches diameter at breast height
(dbh) or larger, and any other tree measuring nine inches dbh or
larger except eucalyptus and pinus radiata (Monterey pine);
provided, however, that Monterey pine trees on City property
and in development-related situations where more than five
Monterey pine trees per acre are proposed to be removed are
considered to be Protected trees.
g) Fundamentally conflict with the City of Oakland Creek
Protection Ordinance (OMC Chapter 13.16) intended to protect
biological resources. Although there are no specific, numeric/quantitative
criteria to assess impacts, factors to be
considered in determining significance include whether there is
substantial degradation of riparian and aquatic habitat through:




July 15, 2008                                                                                                        8
                                                                                                 Less than
                                                                                    Potentially Significant
                                                                                    Significant    with
                                                                      Potentially     Unless     Standard    Less than
                                                                     Significant     Mitigation Condition of Significant    No
                                                                        Impact      Incorporated Approval      Impact      Impact

(a) discharging a substantial amount of pollutants into a creek;
(b) significantly modifying the natural flow of the water; (c)
depositing substantial amounts of new material into a creek or
causing substantial bank erosion or instability; or (d) adversely impacting
the riparian corridor by significantly altering
vegetation or wildlife habitat?

V. CULTURAL RESOURCES -- Would the project?

a) Cause a substantial adverse change in the significance of a
historical resource as defined in CEQA Guidelines 15064.5.
Specifically, a substantial adverse change includes physical
demolition, destruction, relocation, or alteration of the resource or
its immediate surroundings such that the significance of the
historical resource would be “materially impaired.” The
significance of an historical resource is “materially impaired”
when a project demolishes or materially alters, in an adverse
manner, those physical characteristics of the resource that
convey its historical significance and that justify its inclusion on,
or eligibility for inclusion on an historical resource list (including
the California Register of Historical Resources, the National
Register of Historical Resources, Local Register, or historical
resources survey form (DPR Form 523) with a rating of 1-5)?

b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to 15064.5?

c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?

d) Disturb any human remains, including those interred outside
of formal cemeteries?                                                                                                          

VI. GEOLOGY AND SOILS -- Would the project:

a) Expose people or structures to substantial risk of loss, injury, or death
involving:

        i) Rupture of a known earthquake fault, as delineated on
        the most recent Alquist-Priolo Earthquake Fault Zoning
        Map or Seismic Hazards Map issued by the State
        Geologist for the area or based on other substantial
        evidence of a known fault (refer to Division of Mines and
        Geology Special Publications 42 and 117 and
        PRC 2690 et. Seq.)?

        ii) Strong seismic ground shaking?

        iii) Seismic-related ground failure, including
        liquefaction, lateral spreading, subsidence, collapse?



July 15, 2008                                                                                                        9
                                                                                                            Less than
                                                                                               Potentially Significant
                                                                                               Significant    with
                                                                               Potentially       Unless     Standard    Less than
                                                                              Significant       Mitigation Condition of Significant     No
                                                                                 Impact        Incorporated Approval      Impact       Impact

         iv) Landslides?                                                                                           

b) Result in substantial soil erosion or the loss of topsoil,
creating substantial risks to life, property, or creek/waterways?

c) Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994, as it may be revised),
creating substantial risks to life or property?

d) Be located above a well, pit, swamp, mound, tank vault, or
unmarked sewer line, creating substantial risks to life or
property?

e) Be located above landfills for which there is no approved
closure and post-closure plan, or unknown fill soils, creating
substantial risks to life or property?

f) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems where
sewers are not available for the disposal of wastewater?

VII. HAZARDS AND HAZARDOUS MATERIALS - -Would
the project:

a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?

b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the environment?

c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?

d) Be located on a site which is included on a list of hazardous materials
sites compiled pursuant to Government Code Section
65962.5 and, as a result, would create a significant hazard to the
public or the environment? 9

e) Be located within an airport land use plan
or, where such a plan has not been adopted, within two miles of a public
airport or public use airport, and would result in a safety
hazard for people residing or working in the project area?

f) Be located within the vicinity of a private airstrip, and would
result in a safety hazard for people residing or working in the

9 The Cortese List is the compiled list of hazardous materials sites, pursuant to Government Code Section 65962.5. Appendix B of the
CEQA Thresholds / Criteria of Significance Guidelines contains guidance on the Cortese List.


July 15, 2008                                                                                                                   10
                                                                                                    Less than
                                                                                       Potentially Significant
                                                                                       Significant    with
                                                                         Potentially     Unless     Standard    Less than
                                                                        Significant     Mitigation Condition of Significant    No
                                                                           Impact      Incorporated Approval      Impact      Impact

project area?

g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury,
or death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed
with wildlands?

VIII. HYDROLOGY AND WATER QUALITY - - Would the
project:

a) Violate any water quality standards or waste discharge
requirements?

b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would not support
existing land uses or planned uses for which permits have been
granted)?

c) Result in substantial erosion or siltation on- or off-site that
would affect the quality of receiving waters?

d) Result in substantial flooding on- or off-site?

e) Create or contribute substantial runoff which would exceed
the capacity of existing or planned stormwater drainage systems?

f) Create or contribute substantial runoff which would be an
additional source of polluted runoff?

g) Otherwise substantially degrade water quality?

h) Place housing within a 100-year flood hazard area, as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map,
 that would impede or redirect flood flows?

i) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows?

j) Expose people or structures to a substantial risk of loss,
injury or death involving flooding?

k) Result in inundation by seiche, tsunami, or mudflow?

l) Substantially alter the existing drainage pattern of the site



July 15, 2008                                                                                                           11
                                                                                                         Less than
                                                                                            Potentially Significant
                                                                                            Significant    with
                                                                              Potentially     Unless     Standard    Less than
                                                                             Significant     Mitigation Condition of Significant    No
                                                                                Impact      Incorporated Approval      Impact      Impact

or area, including through the alteration of the course, or
increasing the rate or amount of flow, of a Creek, river or
stream in a manner that would result in substantial erosion,
siltation, or flooding, both on- or off-site?

m) Fundamentally conflict with elements of the City of
Oakland Creek Protection (OMC Chapter 13.16) ordinance
intended to protect hydrologic resources. Although there are
no specific, numeric/quantitative criteria to assess impacts,
factors to be considered in determining significance include
whether there is substantial degradation of water quality
through (a) discharging a substantial amount of pollutants
into a creek; (b) significantly modifying the natural flow of
the water or capacity; (c) depositing substantial amounts
of new material into a creek or causing substantial bank
erosion or instability; or (d) substantially endangering
public or private property or threatening public health or
safety?

IX. LAND USE AND PLANNING -- Would the project:

a) Physically divide an established community?

b) Result in a fundamental conflict between adjacent or
nearby land uses?

c) Fundamentally conflict with applicable land use plan, policy,
or regulation of an agency with jurisdiction over the project
(including, but not limited to, the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect and
actually result in a physical change in the environment? 10
d) Fundamentally conflict with any applicable habitat
conservation plan or natural community conservation plan?

X. MINERAL RESOURCES -- Would the project:

a) Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the state?

b) Result in the loss of availability of a locally important mineral
resource recovery site delineated on a local general plan, specific
plan or other land use plan?




10 Use the land-use language/approach located in Appendix C of the CEQA Thresholds / Criteria of Significance Guidelines.



July 15, 2008                                                                                                                12
                                                                                                              Less than
                                                                                                 Potentially Significant
                                                                                                 Significant    with
                                                                                 Potentially       Unless     Standard    Less than
                                                                                Significant       Mitigation Condition of Significant     No
                                                                                   Impact        Incorporated Approval      Impact       Impact

XI. NOISE -- Would the project result in:

a) Exposure of persons to or generate noise levels in excess of standards
established in the Oakland general plan or applicable standards of other
agencies (e.g., OSHA)?

b) Violate the City of Oakland Noise Ordinance (Oakland
Planning Code Section 17.120.050) regarding operational noise?

c) Violate the City of Oakland Noise Ordinance (Oakland Planning
Section 17.120.050) regarding construction noise, except if an
acoustical analysis is preformed? 11

d) Violates the City of Oakland Noise Ordinance (Oakland
Municipal Code Section 8.18.020) regarding nuisance of
persistent construction-related noise?

e) Create a vibration not associated with motor vehicles, trains,
and temporary construction or demolition work, which is
perceptible without instruments by the average person
at or beyond any lot line containing vibration-causing
activities, except vibration causing activities located
within the (a) M-40 zone or (b) M-30 zone more than 400
feet from any legally occupied residential property (Oakland
Planning Code Section 17.120.060)?

f) Expose person to or generate rail-related groundbourne
vibration in excess of standards established by the Federal
Transit Administration? 12

g) Generate interior Ldn or CNEL greater than 45 dBA for multi-
family dwellings, hotels, motels, dormitories and long-term care facilities
(and may be extended by local legislative action to
include single family dwellings) per California Noise
Insulation Standards (CCR Part 2, Title 24):

h) Result in a 5dBA permanent increase in ambient noise levels
in the project vicinity above levels existing without the project?

i) Conflicts with state land use compatibility guidelines for all
specified land uses for determination of acceptability of noise
after incorporation of all applicable Standard Conditions of
Approval? 13


11 The acoustical analysis must identify, at a minimum, (a) the types of construction equipment expected to be used and the noise levels
typically associated with the construction equipment and (b) the surrounding land uses including sensitive receptors. If sensitive receptors
are present, the acoustical analysis must recommend measures to reduce potential impacts. Tables with the Noise Standards at a receiving
property line are included in the CEQA Thresholds / Criteria of Significance Guidelines.
12 A Table with the Vibration Criteria is included in the CEQA Thresholds / Criteria of Significance Guidelines.
13 A discussion of the evaluation of land use compatibility is included in the CEQA Thresholds / Criteria of Significance Guidelines.



July 15, 2008                                                                                                                      13
                                                                                                        Less than
                                                                                           Potentially Significant
                                                                                           Significant    with
                                                                             Potentially     Unless     Standard    Less than
                                                                            Significant     Mitigation Condition of Significant    No
                                                                               Impact      Incorporated Approval      Impact      Impact

j) Be located within an airport land use plan and would expose
people residing or working in the project area to excessive noise
levels?

k) Be located within the vicinity of a private airstrip, and would
expose people residing or working in the project area to excessive
noise levels?

XII. POPULATION AND HOUSING -- Would the project:

a) Induce substantial population growth in a manner not
contemplated in the General Plan either directly (for example by
proposing new homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure), such that
additional infrastructure is required but the impacts of such were
not previously considered or analyzed?

b) Displace substantial numbers of existing housing, necessitating
the construction of replacement housing elsewhere in excess of
that contained in the City’s Housing Element?

c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere in excess of that
contained in the City’s Housing Element?

XIII. PUBLIC SERVICES - - Would the project:

a) Result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities,
need for new or physically altered governmental facilities, the
construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for any of the following
public services:

         i) Fire protection?                                                                                                          

         ii) Police protection?

         iii) Schools?   14


         iv) Other public facilities?

XIV. RECREATION - - Would the project:

a) Increase the use of existing neighborhood and regional parks
or other recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated?


14 Although impacts to schools are exempt from CEQA review and mitigation (see SB 50) the impacts should nevertheless be analyzed.



July 15, 2008                                                                                                               14
                                                                                                             Less than
                                                                                                Potentially Significant
                                                                                                Significant    with
                                                                                  Potentially     Unless     Standard    Less than
                                                                                 Significant     Mitigation Condition of Significant     No
                                                                                    Impact      Incorporated Approval      Impact       Impact

b) Include recreational facilities or require the construction or expansion
of recreational facilities which might have an adverse physical effect on
the environment?

XV. TRANSPORTATION/TRAFFIC - - Would the project:                           15


Project Impacts
Cause an increase in traffic which is substantial in relation to
the traffic load and capacity of the street system (i.e., result in a
substantial increase in either the number of vehicle trips, the volume
to capacity ratio on roads, or congestion at intersections), or change
the condition of an existing street (i.e.) street closures, changing
direction of travel) in a manner that would substantially impact
access or traffic load capacity of the street system?

Specifically:

    a) At a study, signalized intersection which is located
       outside the Downtown area 16 , the project would cause the
       level of service (LOS) 17 to degrade to worse than LOS D
       (i.e., E)?

    b) At a study, signalized intersection which is located
       within the Downtown area, the project would cause the
       LOS to degrade to worse than LOS E (i.e., F)?

    c) At a study, signalized intersection outside the
       Downtown area where the level of service is LOS E, the
       project would cause the total intersection average vehicle delay
       to increase by four (4) or more seconds, or degrade
       to worse than LOS E (i.e., F)?

    d) At a study, signalized intersection for all areas where
       the level of service is LOS E, the project would cause
       an increase in the average delay for any of the critical
       movements of six (6) seconds or more, or degrade to
       worse than LOS E (i.e., F)?

    e) At a study, signalized intersection for all areas where
       the level of service is LOS F, the project would cause (a)
       the total intersection average vehicle delay to increase by
       two (2) or more seconds, or (b) an increase in average
       delay for any of the critical movements of four (4)


15 A discussion of Transportation Impact Assessment Methodology is located in Appendix G of the CEQA Thresholds /Criteria of
   Significance Guidelines.
16 The downtown Area is defined in the Land Use and Transportation Element of the General Plan as
                                                                                         the area generally bounded by
   West Grand Avenue to the north, Lake Merritt and Channel Park to the east, the Oakland Estuary to the south and I-
   980/Brush Street to the west.
17 A further discussion of LOS and the delay calculations is in located in the CEQA Thresholds / Criteria of Significance Guidelines.



July 15, 2008                                                                                                                    15
                                                                                                Less than
                                                                                   Potentially Significant
                                                                                   Significant    with
                                                                     Potentially     Unless     Standard    Less than
                                                                    Significant     Mitigation Condition of Significant    No
                                                                       Impact      Incorporated Approval      Impact      Impact
        seconds or more; or (c) the volume-to-capacity
        (“V/C”) ratio exceeds three (3) percent (but only if
        the delay values cannot be measured accurately)?

    f) At a study, unsignalized intersection, the project would
       add ten (10) or more vehicles and after project completion
       satisfy the Caltrans peak hour volume warrant?

    g) For a Congestion Management Program (CMP)
       required analysis, (i.e., projects that generate 100 or more
       p.m. peak hour trips) cause a roadway segment on the
       Metropolitan Transportation System to operate at LOS F
       or increase the V/C ratio by more than three (3) percent for
       a roadway segment that would operate at LOS F without
       the project?

Other Thresholds

    h) Result in a change in air traffic patterns, including
       either an increase in traffic levels or a change in
       location that result in substantial safety risks?

    i) Substantially increase traffic hazards due to motor
       vehicles, bicycles, or pedestrians due to a design feature
       (e.g., sharp curves or dangerous intersections) or
       incompatible uses (e.g., farm equipment)?

    j) Result in less than two emergency access routes for
       streets exceeding 600 feet in length, unless otherwise
       determined by the Fire Chief, or his/her designee, in
       specific instances due to climatic, geographic
       topographic, or other conditions?

    k) Fundamentally conflict with adopted policies, plans, or
       programs supporting alternative transportation (e.g. bus
       turnouts, bicycle routes, pedestrian safety)?

Cumulative Impacts
A project’s contribution to cumulative impacts is
considered “considerable” (i.e., significant) when the
project exceeds at least one of the intersection-related
thresholds listed above in threshold #a through #g for
years 2015 or 2030.

 Planning Related Non-CEQA Issues
The following transportation-related topics are not
considerations under CEQA but should be evaluated in order to




July 15, 2008                                                                                                       16
                                                                                                        Less than
                                                                                           Potentially Significant
                                                                                           Significant    with
                                                                             Potentially     Unless     Standard    Less than
                                                                            Significant     Mitigation Condition of Significant    No
                                                                               Impact      Incorporated Approval      Impact      Impact
Inform decision-makers and the public about these issues. 18

         i) Parking
         ii) Transit
         iii) Queuing
         iv)Traffic Control Devices
         v) Collision History

XVI. UTILITIES AND SERVICE SYSTEMS - - Would the
project:

a) Exceed wastewater treatment requirements of the San
Francisco Bay Regional Water Quality Control Board?

b) Require or result in construction of new storm water drainage facilities
or expansion of existing facilities, construction of which
could cause significant environmental effects?

c) Exceed water supplies available to serve the project from
existing entitlements and resources, and require or result in
construction of water facilities or expansion of existing facilities,
construction of which could cause significant environmental
effects? 19

d) Result in a determination by the wastewater treatment provider
which serves or may serve the project that it does not have
adequate capacity to serve the project's projected demand in
addition to the providers' existing commitments and require or
result in construction of new wastewater treatment facilities or expansion
of existing facilities, construction of which could
cause significant environmental effects?

e) Be served by a landfill with insufficient permitted capacity to
accommodate the project’s solid waste disposal needs and require
or result in construction of landfill facilities or expansion of
existing facilities, construction of which could cause significant
environmental effects?

f) Violate applicable federal, state, and local statutes and
regulations related to solid waste?
g) Violate applicable federal, state and local statutes and
regulations relating to energy standards?

h) Result in a determination by the energy provider which serves
or may serve the project that it does not have adequate capacity
to serve the project's projected demand in addition to the


18 A discussion of the Planning Related Non-CEQA methodology is located in the CEQA Thresholds / Criteria of Significance Guidelines.
19 EBMUD needs to be consulted early and a Water Supply Assessment performed for certain projects as discussed in Appendix D of the
CEQA Thresholds / Criteria of Significance.


July 15, 2008                                                                                                               17
                                                                                                   Less than
                                                                                      Potentially Significant
                                                                                      Significant    with
                                                                        Potentially     Unless     Standard    Less than
                                                                       Significant     Mitigation Condition of Significant    No
                                                                          Impact      Incorporated Approval      Impact      Impact
providers' existing commitments and require or result in
construction of new energy facilities or expansion of existing
facilities, construction of which could cause significant
environmental effects?

XVII. MANDATORY FINDINGS OF SIGNIFICANCE

a) Does the project have the potential to degrade the quality of

the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or
endangered plant or animal, or eliminate important examples of
the major periods of California history or prehistory?

b) Does the project have impacts that are individually limited,
but cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are considerable
when viewed in connection with the effects of past projects, the
effects of other current projects and the effects of probable future
projects.)

c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?




July 15, 2008                                                                                                          18
                                               CITY OF OAKLAND
                      CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
                                                  August 24, 2011




PURPOSE:            To help clarify and standardize analysis and decision-making in the
                    environmental review process in the City of Oakland, the City has established
                    these CEQA Thresholds of Significance Guidelines (which have been in general
                    use since at least 2002). These Thresholds are offered as guidance in preparing
                    all environmental review documents (including Initial Studies and EIRs). Where
                    possible, these Thresholds should be used unless the location of the project or
                    other unique factors warrants the use of different thresholds. In those situations
                    where different thresholds are proposed, justification must be provided and the
                    City Planning and Zoning Division must approve the use of such. These
                    Thresholds are intended to implement and supplement provisions in the CEQA
                    Guidelines for determining the significance of environmental effects, including
                    sections 15064, 15064.4, 15064.5, 15064.7, 15065, 15382, and Appendix G, and
                    form the basis of the City’s Initial Study and Environmental Review Checklist.1
                    The Thresholds should be used to evaluate the potential primary effects of a
                    project and should be considered when evaluating the potential secondary effects
                    of a project, including the potential effects of mitigation measures.

                    When incorporating the Thresholds into environmental documents, include the
                    bracketed notes from this Thresholds document in the environmental document.
                    Do not include the footnotes from this Thresholds document in the environmental
                    document, unless otherwise indicated; the footnotes are generally intended to
                    provide guidance to the preparer of the environmental document and not intended
                    for the eventual reader of the final environmental document.

                    These Thresholds are to be used in conjunction with the City’s Standard
                    Conditions of Approval (contained in a separate document), which are
                    incorporated into projects regardless of a project’s environmental determination.
                    As applicable, the Standard Conditions of Approval are adopted as
                    requirements of an individual project when it is approved by the City and are
                    designed to, and will, substantially mitigate environmental effects. In reviewing
                    project applications, the City determines which of the Standard Conditions of


1
    Thresholds that pertain to the effect of the environment on the project (as compared to the project’s impact on the
      environment) are not required to be analyzed under CEQA but are nevertheless included and should be
      evaluated to provide information to decision-makers and the public.

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                                            CITY OF OAKLAND
                    CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
                                              August 24, 2011




                 Approval are applied, based upon the zoning district, community plan, and the
                 type(s) of permit(s)/approvals(s) required for the project. Depending upon the
                 specific characteristics of the project type and/or project site, the City will
                 determine which Standard Conditions of Approval apply to each project; for
                 example, Standard Conditions related to creek protection permits will only be
                 applied to projects on creekside properties. The Standard Conditions of Approval
                 were initially and formally adopted by the City Council on November 3, 2008
                 (Ordinance No. 12899 C.M.S.), pursuant to Public Resources Code section
                 21083.3 and CEQA Guidelines section 15183, and incorporate development
                 policies and standards from various adopted plans, policies, and ordinances (such
                 as the Oakland Planning and Municipal Codes, Oakland Creek Protection,
                 Stormwater Water Management and Discharge Control Ordinance, Oakland Tree
                 Protection Ordinance, Oakland Grading Regulations, National Pollutant
                 Discharge Elimination System (NPDES) permit requirements, Housing Element-
                 related mitigation measures, California Building Code, and Uniform Fire
                 Code, among others), which have been found to substantially mitigate
                 environmental effects. Where there are peculiar circumstances associated with a
                 project or project site that will result in significant environmental impacts despite
                 implementation of the Standard Conditions, the City will determine whether there
                 are feasible mitigation measures to reduce the impact to less-than-significant
                 levels in the course of appropriate CEQA review (mitigated negative declarations
                 or EIRs).2,3

AESTHETICS, SHADOW AND WIND4

The project would have a significant impact on the environment if it would:
1. Have a substantial adverse effect on a public scenic vista [NOTE: Only impacts to scenic
   views enjoyed by members of the public generally (but not private views) are potentially
   significant.];


2
  Insert this discussion concerning the City’s Standard Conditions of Approval into the environmental document.
3
  Note that certain technical studies required by the Standard Conditions of Approval are required to be performed
     during the CEQA process (and the results of such studies incorporated into the CEQA documents themselves)
     rather than after project approval.
4
  See Appendix F for guidance on the cumulative analysis.

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                                             CITY OF OAKLAND
                    CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
                                               August 24, 2011




2. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings,
   and historic buildings, located within a state or locally designated scenic highway;
3. Substantially degrade the existing visual character or quality of the site and its surroundings;5
4. Create a new source of substantial light or glare which would substantially and adversely
   affect day or nighttime views in the area;
5. Introduce landscape that would now or in the future cast substantial shadows on existing
   solar collectors (in conflict with California Public Resource Code sections 25980-25986);
6. Cast shadow that substantially impairs the function of a building using passive solar heat
   collection, solar collectors for hot water heating, or photovoltaic solar collectors;
7. Cast shadow that substantially impairs the beneficial use of any public or quasi-public park,
   lawn, garden, or open space;
8. Cast shadow on an historic resource, as defined by CEQA Guidelines section 15064.5(a),6
   such that the shadow would materially impair the resource’s historic significance by
   materially altering those physical characteristics of the resource that convey its historical
   significance and that justify its inclusion on or eligibility for listing in the National Register
   of Historic Places, California Register of Historical Resources, Local Register of historical
   resources, or a historical resource survey form (DPR Form 523) with a rating of 1-5;
9. Require an exception (variance) to the policies and regulations in the General Plan, Planning
   Code, or Uniform Building Code, and the exception causes a fundamental conflict with
   policies and regulations in the General Plan, Planning Code, and Uniform Building Code
   addressing the provision of adequate light related to appropriate uses; or
10. Create winds that exceed 36 mph for more than one hour during daylight hours during the
    year. [NOTE: The wind analysis only needs to be done if the project’s height is 100 feet or
    greater (measured to the roof) and one of the following conditions exist: (a) the project is
    located adjacent to a substantial water body (i.e., Oakland Estuary, Lake Merritt or San
    Francisco Bay); or (b) the project is located in Downtown. Downtown is defined in the Land
    Use and Transportation Element of the General Plan (page 67) as the area generally bounded


5
  For projects requiring design review, briefly evaluate the project’s consistency with the applicable design review
     criteria. Projects consistent with the design review criteria will generally be found to result in a less than
     significant impact.
6
  See Appendix A for the definition of an historic resource.

                                                                                                                       3
                                               CITY OF OAKLAND
                      CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
                                                 August 24, 2011




       by West Grand Avenue to the north, Lake Merritt and Channel Park to the east, the Oakland
       Estuary to the south and I-980/Brush Street to the west. The wind analysis must consider the
       project’s contribution to wind impacts to on- and off-site public and private spaces. Only
       impacts to public spaces (on- and off-site) and off-site private spaces are considered CEQA
       impacts. Although impacts to on-site private spaces are considered a planning-related non-
       CEQA issue, such potential impacts still must be analyzed.]

AGRICULTURE AND FOREST RESOURCES7

The project would have a significant impact on the environment if it would:
1. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance
   (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
   Monitoring Program of the California Resources Agency, to non-agricultural use;
2. Conflict with existing zoning for agricultural use, or a Williamson Act contract;
3. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public
   Resources Code section 12220(g)), timberland (as defined by Public Resources Code section
   4526), or timberland zoned Timberland Production (as defined by Government Code section
   51104(g));
4. Result in the loss of forest land or conversion of forest land to non-forest use; or
5. Involve other changes in the existing environment which, due to their location or nature,
   could result in conversion of Farmland to non-agricultural use or conversion of forest land to
   non-forest use.




7
    In determining whether impacts to agricultural resources are significant environmental effects, refer to the
       California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of
       Conservation. In determining whether impacts to forest resources, including timberland, are significant
       environmental effects, refer to information compiled by the California Department of Forestry and Fire
       Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and
       the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest
       Protocols adopted by the California Air Resources Board.

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                                          CITY OF OAKLAND
                   CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
                                             August 24, 2011




AIR QUALITY8,9

The project would have a significant impact on the environment if it would:

PROJECT-LEVEL IMPACTS

NOTE: Except for impacts related to Toxic Air Contaminants (TACs) (threshold 4) and odors
(threshold 5), air quality impacts are, by their nature, cumulative impacts because one project by
itself cannot generate air pollution that would violate regional air quality standards. Thresholds
1 through 3 pertain to a project’s contribution to cumulative impacts but are labeled “Project-
Level Impacts” here to be consistent with the terminology used by BAAQMD.
1. During project construction result in average daily emissions of 54 pounds per day of ROG,
   NOx, or PM2.5 or 82 pounds per day of PM10;
2. During project operation result in average daily emissions of 54 pounds per day of ROG,
   NOx, or PM2.5 or 82 pounds per day of PM10; or result in maximum annual emissions of 10
   tons per year of ROG, NOx, or PM2.5 or 15 tons per year of PM10;
3. Contribute to carbon monoxide (CO) concentrations exceeding the California Ambient Air
   Quality Standards (CAAQS) of nine parts per million (ppm) averaged over eight hours and
   20 ppm for one hour [NOTE: Pursuant to BAAQMD CEQA Guidelines, localized CO
   concentrations should be estimated for projects in which (a) project-generated traffic would
   conflict with an applicable congestion management program established by the county
   congestion management agency or (b) project-generated traffic would increase traffic
   volumes at affected intersections to more than 44,000 vehicles per hour (or 24,000 vehicles
   per hour where vertical and/or horizontal mixing is substantially limited, such as tunnels,
   parking garages, bridge underpasses, natural or urban street canyons, and below-grade

8
  The air quality analysis should be conducted in accordance with the latest CEQA Guidelines of the Bay Area Air
    Quality Management District (BAAQMD) unless directed otherwise by City staff. The thresholds and guidance
    contained herein are based on the May 2011 version of the BAAQMD CEQA Guidelines. The consultant
    should check with BAAQMD to obtain the latest version of the CEQA Guidelines and other BAAQMD
    guidance documents.
9
  BAAQMD maintains a PM2.5, NOx, and Ozone monitoring station in East Oakland along International Blvd. and
    data from this station should be obtained and used. The consultant must submit a public records request to
    BAAQMD to obtain this information. The form can be submitted via BAAQMD’s website:
    http://www.baaqmd.gov/adm/public_records_request.htm

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                                              CITY OF OAKLAND
                      CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
                                                 August 24, 2011




       roadways). In Oakland, only the MacArthur Maze portion of Interstate 580 exceeds the
       44,000 vehicles per hour screening criteria.];
4. During either project construction or project operation expose persons by siting a new source
   or a new sensitive receptor to substantial levels of Toxic Air Contaminants (TACs) resulting
   in (a) a cancer risk level greater than 10 in one million, (b) a non-cancer risk (chronic or
   acute) hazard index greater than 1.0, or (c) an increase of annual average PM2.5 of greater
   than 0.3 micrograms per cubic meter [NOTE: Pursuant to the BAAQMD CEQA Guidelines,
   when siting new TAC sources consider receptors located within 1,000 feet, and when siting
   new sensitive receptors consider TAC sources located within 1,000 feet including, but not
   limited to, stationary sources, freeways, major roadways (10,000 or greater vehicles per day),
   truck distribution centers, ports, and rail lines. For this threshold, sensitive receptors include
   residential uses, schools, parks, daycare centers, nursing homes, and medical centers.] or;
5. Frequently and for a substantial duration, create or expose sensitive receptors to substantial
   objectionable odors affecting a substantial number of people [NOTE: For this threshold,
   sensitive receptors include residential uses, schools, daycare centers, nursing homes, and
   medical centers (but not parks).].

PROJECT-LEVEL CUMULATIVE IMPACTS
6. During either project operation or project construction expose persons, by siting a new source
   or a new sensitive receptor, to substantial levels of TACs resulting in (a) a cancer risk level
   greater than 100 in a million, (b) a non-cancer risk (chronic or acute) hazard index greater
   than 10.0, or (c) annual average PM2.5 of greater than 0.8 micrograms per cubic meter
   [NOTE: The cumulative analysis should consider the combined risk from all existing and
   reasonably foreseeable future sources].

PLAN-LEVEL IMPACTS10
7. Fundamentally conflict with the Bay Area Clean Air Plan (CAP) because the projected rate
   of increase in vehicle miles traveled (VMT) or vehicle trips is greater than the projected rate
   of increase in population;
8. Fundamentally conflict with the CAP because the plan does not demonstrate reasonable

10
     The plan-level thresholds should be applied to long-range planning documents, such as general plans,
       redevelopment plans, specific plans, area plans, and community plans.

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                                            CITY OF OAKLAND
                     CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
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       efforts to implement control measures contained in the CAP;
9. Not include special overlay zones containing goals, policies, and objectives to minimize
   potential Toxic Air Contaminant (TAC) impacts in areas located (a) near existing and
   planned sources of TACs and (b) within 500 feet of freeways and high-volume roadways
   containing 100,000 or more average daily vehicle trips;11 or
10. Not identify existing and planned sources of odors with policies to reduce potential odor
    impacts.


NOTE: See the Greenhouse Gas Emissions/Global Climate Change thresholds and the Hazards
and Hazardous Materials thresholds for additional thresholds related to air emissions.

BIOLOGICAL RESOURCES

The project would have a significant impact on the environment if it would:
1. Have a substantial adverse effect, either directly or through habitat modifications, on any
   species identified as a candidate, sensitive, or special status species in local or regional plans,
   policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and
   Wildlife Service;
2. Have a substantial adverse effect on any riparian habitat or other sensitive natural community
   identified in local or regional plans, policies, regulations or by the California Department of
   Fish and Game or U.S. Fish and Wildlife Service;
3. Have a substantial adverse effect on federally protected wetlands (as defined by section 404
   of the Clean Water Act) or state protected wetlands, through direct removal, filling,
   hydrological interruption, or other means;
4. Substantially interfere with the movement of any native resident or migratory fish or wildlife
   species or with established native resident or migratory wildlife corridors, or impede the use
   of native wildlife nursery sites;
5. Fundamentally conflict with any applicable habitat conservation plan or natural community
   conservation plan;

11
     Pursuant to BAAQMD Guidelines, the size of the overlay zones should be based upon the recommended buffer
       distances contained within the California Air Resources Board’s (CARB’s) 2005 Land Use Handbook.

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                                           CITY OF OAKLAND
                   CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
                                             August 24, 2011




6. Fundamentally conflict with the City of Oakland Tree Protection Ordinance (Oakland
   Municipal Code (OMC) Chapter 12.36) by removal of protected trees under certain
   circumstances [NOTE: Factors to be considered in determining significance include the
   number, type, size, location and condition of (a) the protected trees to be removed and/or
   impacted by construction and (b) protected trees to remain, with special consideration given
   to native trees.12 Protected trees include Quercus agrifolia (California or coast live oak)
   measuring four inches diameter at breast height (dbh) or larger, and any other tree measuring
   nine inches dbh or larger except eucalyptus and Pinus radiata (Monterey pine); provided,
   however, that Monterey pine trees on City property and in development-related situations
   where more than five Monterey pine trees per acre are proposed to be removed are
   considered to be protected trees.]; or
7. Fundamentally conflict with the City of Oakland Creek Protection Ordinance (OMC Chapter
   13.16) intended to protect biological resources. [NOTE: Although there are no specific,
   numeric/quantitative criteria to assess impacts, factors to be considered in determining
   significance include whether there is substantial degradation of riparian and/or aquatic
   habitat through (a) discharging a substantial amount of pollutants into a creek, (b)
   significantly modifying the natural flow of the water, (c) depositing substantial amounts of
   new material into a creek or causing substantial bank erosion or instability, or (d) adversely
   impacting the riparian corridor by significantly altering vegetation or wildlife habitat.]

CULTURAL AND HISTORIC RESOURCES13

The project would have a significant impact on the environment if it would:
1. Cause a substantial adverse change in the significance of an historical resource as defined in
   CEQA Guidelines section 15064.5.14 Specifically, a substantial adverse change includes
   physical demolition, destruction, relocation, or alteration of the resource or its immediate
   surroundings such that the significance of the historical resource would be “materially
   impaired.” The significance of an historical resource is “materially impaired” when a project
   demolishes or materially alters, in an adverse manner, those physical characteristics of the

12
   Oakland Planning Code section 17.158.280(E)(2) states that “Development related” tree removal permits are
     exempt from CEQA if no single tree to be removed has a dbh of 36 inches or greater and the cumulative trunk
     area of all trees to be removed does not exceed 0.1 percent of the total lot area.
13
   See Appendix F for guidance on the cumulative analysis.
14
   See Appendix A for the definition of an historic resource.

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                                       CITY OF OAKLAND
                 CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
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    resource that convey its historical significance and that justify its inclusion on, or eligibility
    for inclusion on an historical resource list (including the California Register of Historical
    Resources, the National Register of Historical Resources, Local Register, or historical
    resources survey form (DPR Form 523) with a rating of 1-5);
2. Cause a substantial adverse change in the significance of an archaeological resource pursuant
   to CEQA Guidelines section 15064.5;
3. Directly or indirectly destroy a unique pale ontological resource or site or unique geologic
   feature; or
4. Disturb any human remains, including those interred outside of formal cemeteries.

GEOLOGY AND SOILS

The project would have a significant impact on the environment if it would expose people or
structures to geologic hazards, soils, and/or seismic conditions so unfavorable that they could not
be overcome by special design using reasonable construction and maintenance practices.
Specifically,
1. Expose people or structures to substantial risk of loss, injury, or death involving:
    •   Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
        Earthquake Fault Zoning Map or Seismic Hazards Map issued by the State Geologist for
        the area or based on other substantial evidence of a known fault [NOTE: refer to
        California Geological Survey 42 and 117 and Public Resources Code section 2690 et.
        seq.];
    •   Strong seismic ground shaking;
    •   Seismic-related ground failure, including liquefaction, lateral spreading, subsidence,
        collapse; or
    •   Landslides;
2. Result in substantial soil erosion or loss of topsoil, creating substantial risks to life, property,
   or creeks/waterways;
3. Be located on expansive soil, as defined in section 1802.3.2 of the California Building Code
   (2007, as it may be revised), creating substantial risks to life or property;
4. Be located above a well, pit, swamp, mound, tank vault, or unmarked sewer line, creating

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                                             CITY OF OAKLAND
                    CEQA THRESHOLDS OF SIGNIFICANCE GUIDELINES
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     substantial risks to life or property;
5. Be located above landfills for which there is no approved closure and post-closure plan, or
   unknown fill soils, creating substantial risks to life or property ; or
6. Have soils incapable of adequately supporting the use of septic tanks or alternative
   wastewater disposal systems where sewers are not available for the disposal of wastewater.

GREENHOUSE GAS EMISSIONS / GLOBAL CLIMATE CHANGE15

The project would have a significant impact on the environment if it would:
1. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant
   impact on the environment, specifically:

     PROJECT-LEVEL IMPACTS16

     [NOTE: Greenhouse gas impacts are, by their nature, cumulative impacts because one
     project by itself cannot cause global climate change. These thresholds pertain to a project’s
     contribution to cumulative impacts but are labeled “Project-Level Impacts” here to be
     consistent with the terminology used by BAAQMD.]
     a. For a project involving a stationary source, produce total emissions of more than 10,000
        metric tons of CO2e annually [NOTE: Stationary sources are projects that require a
        BAAQMD permit to operate.].
     b. For a project involving a land use development, produce total emissions of more than
        1,100 metric tons of CO2e annually AND17 more than 4.6 metric tons of CO2e per service


15
   The greenhouse gas / global climate change analysis should be conducted in accordance with the latest BAAQMD
     CEQA Guidelines unless directed otherwise by City staff. The thresholds and guidance contained herein are
     based on the May 2011 version of the BAAQMD CEQA Guidelines. The consultant should check with
     BAAQMD to obtain the latest version of the CEQA Guidelines and other BAAQMD guidance documents.
16
   For projects that involve both a stationary source and a land use development, calculate each component
     separately and compare to the applicable threshold.
17
   The BAAQMD CEQA Guidelines state that the project would have a less-than-significant impact if CO2e
     emissions do not exceed the 1,100 metric tons threshold OR the 4.6 metric tons per service population
     threshold. Because Oakland’s thresholds are structured to indicate when a project would have a significant
     impact, the thresholds are presented here such that the project would have a significant impact if it exceeded the

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           population annually [NOTE: Land use developments are projects that do not require a
           BAAQMD permit to operate. The service population includes both the residents and the
           employees of the project. The project’s impact would be considered significant if the
           emissions exceed BOTH the 1,100 metric tons threshold and the 4.6 metric tons
           threshold. Accordingly, the impact would be considered less than significant if the
           project’s emissions are below EITHER of these thresholds.]18
       [NOTE: The project’s expected greenhouse gas emissions during construction should be
       annualized over a period of 40 years and then added to the expected emissions during
       operation for comparison to the threshold. A 40-year period is used because 40 years is
       considered the average life expectancy of a building before it is remodeled with
       considerations for increased energy efficiency. The thresholds are based on the BAAQMD
       thresholds. The BAAQMD thresholds were originally developed for project operation
       impacts only. Therefore, combining both the construction emissions and operation emissions
       for comparison to the threshold represents a conservative analysis of potential greenhouse
       gas impacts.]




       1,100 metric tons threshold AND the 4.6 metric tons per service population threshold.
18
     Refer to the City’s Standard Conditions of Approval for conditions related to greenhouse gas emissions (GHG)
       and requirements to reduce project GHG emissions even for projects with emissions below either of these
       thresholds. Also refer to the screening criteria contained in the BAAQMD CEQA Guidelines. For residential
       development projects, refer to the City’s 2007-2014 Housing Element EIR screening criteria. The Housing
       Element EIR’s analysis showed that residential development projects of less than 172 units would not result in a
       significant climate change impact and, therefore, no project-specific GHG analysis is required for such projects.
       Under an alternative approach in the Housing Element EIR, the analysis found that ANY residential
       development project (including those containing 172 or more units) would not result in a significant climate
       change impact and that no project-specific GHG analysis would be required. For residential projects
       containing 172 or more units, please consult with City Planning staff and the City Attorney’s office on the
       appropriate GHG review. For nonresidential development projects and mixed-use development projects, the
       nonresidential component of the project must be compared to the BAAQMD screening criteria, and the
       applicable threshold if the screening criteria are exceeded, independently from any residential component of the
       project.




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       PLAN-LEVEL IMPACTS19

       a. Produce emissions of more than 6.6 metric tons of CO2e per service population annually.


2. Fundamentally conflict with an applicable plan, policy, or regulation adopted for the
   purposes of reducing greenhouse gas emissions.



HAZARDS AND HAZARDOUS MATERIALS

The project would have a significant impact on the environment if it would:
1. Create a significant hazard to the public or the environment through the routine transport,
   use, or disposal of hazardous materials;
2. Create a significant hazard to the public or the environment through reasonably foreseeable
   upset and accident conditions involving the release of hazardous materials into the
   environment;
3. Create a significant hazard to the public through the storage or use of acutely hazardous
   materials near sensitive receptors [NOTE: Per the BAAQMD CEQA Guidelines, evaluate
   whether the project would result in persons being within the Emergency Response Planning
   Guidelines (ERPG) exposure level 2 for acutely hazardous air emissions either by siting a
   new source or a new sensitive receptor. For this threshold, sensitive receptors include
   residential uses, schools, parks, daycare centers, nursing homes, and medical centers];
4. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
   waste within one-quarter mile of an existing or proposed school;
5. Be located on a site which is included on a list of hazardous materials sites compiled

19
     The BAAQMD CEQA Guidelines state that the plan-level threshold should only be applied to general plans. For
       other types of plans, such as redevelopment plans and specific Plans, the Guidelines state that the project-level
       thresholds should be used. The Guidelines do not state whether the plan-level threshold or the project-level
       thresholds should be used for individual general plan elements (as compared to revisions to the entire general
       plan). Therefore, the environmental analysis for individual general plan elements should use both the plan-level
       threshold/methodology and the project-level thresholds/methodology unless directed otherwise by City staff
       (see the 2007-2014 Housing Element Draft EIR as an example).

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       pursuant to Government Code section 65962.5 (i.e., the “Cortese List”) and, as a result,
       would create a significant hazard to the public or the environment;20
6. Result in less than two emergency access routes for streets exceeding 600 feet in length
   unless otherwise determined to be acceptable by the Fire Chief, or his/her designee, in
   specific instances due to climatic, geographic, topographic, or other conditions;21
7. Be located within an airport land use plan or, where such a plan has not been adopted, within
   two miles of a public airport or public use airport, and would result in a significant safety
   hazard for people residing or working in the project area;
8. Be located within the vicinity of a private airstrip, and would result in a significant safety
   hazard for people residing or working in the project area;
9. Fundamentally impair implementation of or physically interfere with an adopted emergency
   response plan or emergency evacuation plan; or
10. Expose people or structures to a significant risk of loss, injury or death involving wildland
    fires, including where wildlands are adjacent to urbanized areas or where residences are
    intermixed with wildlands.

HYDROLOGY AND WATER QUALITY

The project would have a significant impact on the environment if it would:
1. Violate any water quality standards or waste discharge requirements;
2. Substantially deplete groundwater supplies or interfere substantially with groundwater
   recharge such that there would be a net deficit in aquifer volume or a lowering of the local
   groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to
   a level which would not support existing land uses or proposed uses for which permits have
   been granted);
3. Result in substantial erosion or siltation on- or off-site that would affect the quality of
   receiving waters;
4. Result in substantial flooding on- or off-site;


20
     See Appendix B for guidance on the “Cortese List.”
21
     See the Transportation/Traffic thresholds for additional thresholds related to transportation.

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5. Create or contribute substantial runoff which would exceed the capacity of existing or
   planned stormwater drainage systems;
6. Create or contribute substantial runoff which would be an additional source of polluted
   runoff;
7. Otherwise substantially degrade water quality;
8. Place housing within a 100-year flood hazard area, as mapped on a federal Flood Hazard
   Boundary or Flood Insurance Rate Map or other flood hazard delineation map, that would
   impede or redirect flood flows;
9. Place within a 100-year flood hazard area structures which would impede or redirect flood
   flows;
10. Expose people or structures to a substantial risk of loss, injury, or death involving flooding;
11. Expose people or structures to a substantial risk of loss, injury, or death as a result of
    inundation by seiche, tsunami, or mudflow;
12. Substantially alter the existing drainage pattern of the site or area, including through the
    alteration of the course, or increasing the rate or amount of flow, of a creek, river, or stream
    in a manner that would result in substantial erosion, siltation, or flooding, both on- or off-
    site; or
13. Fundamentally conflict with the City of Oakland Creek Protection Ordinance (OMC Chapter
    13.16) intended to protect hydrologic resources. [Note: Although there are no specific,
    numeric/quantitative criteria to assess impacts, factors to be considered in determining
    significance include whether there is substantial degradation of water quality through (a)
    discharging a substantial amount of pollutants into a creek, (b) significantly modifying the
    natural flow of the water or capacity, (c) depositing substantial amounts of new material into
    a creek or causing substantial bank erosion or instability, or (d) substantially endangering
    public or private property or threatening public health or safety.]

LAND USE AND PLANNING22

The project would have a significant impact on the environment if it would:

22
     A list of the City’s major planning documents is in Appendix C, as well as recommended language/approach for
       discussing consistency of the proposed project with the General Plan.

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1. Physically divide an established community;
2. Result in a fundamental conflict between adjacent or nearby land uses;
3. Fundamentally conflict with any applicable land use plan, policy, or regulation of an agency
   with jurisdiction over the project (including, but not limited to the general plan, specific plan,
   local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating
   an environmental effect and actually result in a physical change in the environment; or
4. Fundamentally conflict with any applicable habitat conservation plan or natural community
   conservation plan.

MINERAL RESOURCES

The project would have a significant impact on the environment if it would:
1. Result in the loss of availability of a known mineral resource that would be of value to the
   region and the residents of the state; or
2. Result in the loss of availability of a locally-important mineral resource recovery site
   delineated on a local general plan, specific plan, or other land use plan.

NOISE

The project would have a significant impact on the environment if it would:
1. Generate noise in violation of the City of Oakland Noise Ordinance (Oakland Planning Code
   section 17.120.050) regarding construction noise, except if an acoustical analysis is
   performed that identifies recommend measures to reduce potential impacts:23




23
     The acoustical analysis must identify, at a minimum, (a) the types of construction equipment expected to be used
       and the noise levels typically associated with the construction equipment and (b) the surrounding land uses
       including any sensitive land uses (e.g., schools and childcare facilities, health care and nursing homes, public
       open space). If sensitive land uses are present, the acoustical analysis must recommend measures to reduce
       potential impacts.

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                                             TABLE 1
                       City of Oakland Construction Noise Standards
                              at Receiving Property Line, dBA1
                                                     Maximum Allowable
                                                      Noise Level (dBA)
                                               Weekdays             Weekends
              Receiving Land Use
                                              7 a.m.-7 p.m.        9 a.m.-8 p.m.
                                        Less than 10 days
              Residential                          80                    65
              Commercial, Industrial               85                    70
                                        More than 10 Days
              Residential                          65                    55
              Commercial, Industrial               70                    60
              Notes: 1)     If the ambient noise level exceeds these standards, the
                            standard shall be adjusted to equal the ambient noise
                            level.
   During the hours of 7 p.m. to 7 a.m. on weekdays and 8 p.m. to 9 a.m. on weekends and
   federal holidays, noise levels received by any land use from construction or demolition shall
   not exceed the applicable nighttime operational noise level standard (see Table 2);
2. Generate noise in violation of the City of Oakland nuisance standards (Oakland Municipal
   Code section 8.18.020) regarding persistent construction-related noise;
3. Generate noise in violation of the City of Oakland Noise Ordinance (Oakland Planning Code
   section 17.120.050) regarding operational noise:




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                                           TABLE 2
                        City of Oakland Operational Noise Standards
                              at Receiving Property Line, dBA1
                              Cumulative                      Maximum Allowable
                            No. of Minutes in                  Noise Level (dBA)
                                    a                 Daytime                Nighttime
   Receiving Land Use        1-Hr Period2          7 a.m.-10 p.m.          10 p.m.-7 a.m.
                                 20 (L33)                60                       45
                                10 (L16.7)               65                       50
                          3
   Residential and Civic         5 (L8.3)                70                       55
                                 1 (L1.7)                75                       60
                                 0 (Lmax)                80                       65
                                                                     Anytime
                                  20 (L33)                              65
                                  10 (L16.7)                            70
       Commercial                  5 (L8.3)                             75
                                   1 (L1.7)                             80
                                   0 (Lmax)                             85
                                  20 (L33)                              70
      Manufacturing,              10 (L16.7)                            75
       Mining, and                 5 (L8.3)                             80
         Quarrying                 1 (L1.7)                             85
                                   0 (Lmax)                             90
   Notes: 1) These standards are reduced 5 dBA for simple tone noise, noise consisting
                primarily of speech or music, or recurring impact noise. If the ambient noise
                level exceeds these standards, the standard shall be adjusted to equal the
                ambient noise level.
          2) Lx represents the noise level that is exceeded X percent of a given period. Lmax
               is the maximum instantaneous noise level.
          3) Legal residences, schools and childcare facilities, health care or nursing
               home, public open space, or similarly sensitive land uses.


4. Generate noise resulting in a 5 dBA permanent increase in ambient noise levels in the project
   vicinity above levels existing without the project; or, if under a cumulative scenario where


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       the cumulative increase results in a 5 dBA permanent increase in ambient noise levels in the
       project vicinity without the project (i.e., the cumulative condition including the project
       compared to the existing conditions) and a 3 dBA permanent increase is attributable to the
       project (i.e., the cumulative condition including the project compared to the cumulative
       baseline condition without the project) [NOTE: Outside of a laboratory, a 3 dBA change is
       considered a just-perceivable difference. Therefore, 3 dBA is used to determine if the
       project-related noise increases are cumulative considerable.];
5. Expose persons to interior Ldn or CNEL greater than 45 dBA for multi-family dwellings,
   hotels, motels, dormitories and long-term care facilities (and may be extended by local
   legislative action to include single-family dwellings) per California Noise Insulation
   Standards (CCR Part 2, Title 24);
6. Expose the project to community noise in conflict with the land use compatibility guidelines
   of the Oakland General Plan after incorporation of all applicable Standard Conditions of
   Approval24:




24
     The evaluation of land use compatibility should consider the following factors: type of noise source; the
       sensitivity of the noise receptor; the noise reduction likely to be provided by structures; the degree to which the
       noise source may interfere with speech, sleep or other activities characteristic of the land use; seasonal
       variations in noise source levels; existing outdoor ambient levels; general societal attitudes towards the noise
       source; prior history of the noise source; and tonal characteristics of the noise source. To the extent that any of
       these factors can be evaluated, the measured or computed noise exposure values may be adjusted in order to
       more accurately assess local sentiments towards acceptable noise exposure. (Oakland General Plan, Noise
       Element, 2005)

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                                                          FIGURE 1
                                     Land Use Compatibility Guidelines

                                             COMMUNITY NOISE EXPOSURE (LDN OR CNEL, dB)
 LAND USE CATEGORY
                                                     55            60            65            70           75            80
                                                      NA
                                                                                 CA
Residential                                                                                           NU
                                                                                                                          CU
                                                            NA
Transient lodging – motels,                                                                    CA
hotels                                                                                                              NU
                                                                                                                                    CU
                                                      NA
Schools, libraries, churches,                                                    CA
hospitals, nursing homes                                                                                     NU
                                                                                                                                    CU

Auditoriums, concert halls,                                        CA
amphitheaters
                                                                                                                    CU

Sports arenas, outdoor                                                    CA
spectator sports
                                                                                                                          CU
                                                            NA
Playgrounds, neighborhood
parks                                                                                          NU
                                                                                                                          CU
                                                                   NA
Golf courses, riding stables,
water recreation, cemeteries                                                                                 NU
                                                                                                                                    CU
                                                            NA
Office buildings, business                                                                     CA
commercial and professional                                                                                               NU

                                                                   NA
Industrial, manufacturing,                                                                                   CA
utilities, agriculture                                                                                                              NU

       NORMALLY ACCEPTABLE: Development may occur without an analysis of potential noise impacts to the proposed
 NA
       development (though it might still be necessary to analyze noise impacts that the project might have on its surroundings).
       CONDITIONALLY ACCEPTABLE: Development should be undertaken only after an analysis of noise-reduction requirements
 CA
       is conducted and if necessary noise-mitigating features are included.
       NORMALLY UNACCEPTABLE: Development should generally be discouraged; it may be undertaken only if a detailed
 NU
       analysis of the noise-reduction requirements is conducted, and if highly effective noise mitigation features are included.

 CU    CLEARLY UNACCEPTABLE: Development should not be undertaken.




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7. Expose persons to or generate noise levels in excess of applicable standards established by a
   regulatory agency (e.g., occupational noise standards of the Occupational Safety and Health
   Administration [OSHA]);
8. During either project construction or project operation expose persons to or generate
   groundborne vibration that exceeds the criteria established by the Federal Transit
   Administration (FTA):25


                                                        TABLE 3
                                 FTA Groundborne Vibration Impact Criteria

                                                                   Frequent         Occasional        Infrequent
                       Land Use Category
                                                                    Events1          Events2            Events3
        Category I: Buildings where vibration would
                                                                    65 VdB4           65 VdB4           65 VdB4
        interfere with interior operations
        Category II: Residences and buildings where
                                                                     72 VdB           75 VdB            80 VdB
        people normally sleep
        Category III: Institutional land uses with
                                                                     75 VdB           78 VdB            83 VdB
        primarily daytime use
        Notes: 1)     More than 70 vibration events of the same source per day.
               2)     Between 30 and 70 vibration events of the same source per day.
               3)     Less than 30 vibration events of the same source per day.
               4)     This criterion is based on levels that are acceptable for most moderately
                      sensitive equipment such as optical microscopes. Vibration sensitive
                      manufacturing or research should always require detailed evaluation to define
                      the acceptable vibration levels. Ensuring low vibration levels in a building
                      requires special design of HVAC systems and stiffened floors.




25
     The FTA criteria were developed to apply to transit-related groundborne vibration. However, these criteria should
       be applied to transit-related and non-transit-related sources of vibration.

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9. Be located within an airport land use plan and would expose people residing or working in
   the project area to excessive noise levels; or
10. Be located within the vicinity of a private airstrip, and would expose people residing or
    working in the project area to excessive noise levels.

POPULATION AND HOUSING

The project would have a significant impact on the environment if it would:
1. Induce substantial population growth in a manner not contemplated in the General Plan,
   either directly (for example, by proposing new homes and businesses) or indirectly (for
   example, through extensions of roads or other infrastructure), such that additional
   infrastructure is required but the impacts of such were not previously considered or analyzed;
2. Displace substantial numbers of existing housing, necessitating the construction of
   replacement housing elsewhere in excess of that contained in the City’s Housing Element; or
3. Displace substantial numbers of people, necessitating the construction of replacement
   housing elsewhere in excess of that contained in the City’s Housing Element.

PUBLIC SERVICES

The project would have a significant impact on the environment if it would:
1. Result in substantial adverse physical impacts associated with the provision of new or
   physically altered governmental facilities, or the need for new or physically altered
   governmental facilities, the construction of which could cause significant environmental
   impacts, in order to maintain acceptable service ratios, response times, or other performance
   objectives for any of the following public services:
       •   Fire protection;
       •   Police protection;
       •   Schools;26 or
       •   Other public facilities.

26
     Although impacts to schools are exempt from CEQA review and mitigation (see SB 50) the impacts should
       nevertheless be analyzed.

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RECREATION

The project would have a significant impact on the environment if it would:
1. Increase the use of existing neighborhood or regional parks or other recreational facilities
   such that substantial physical deterioration of the facility would occur or be accelerated; or
2. Include recreational facilities or require the construction or expansion of recreational
   facilities which might have a substantial adverse physical effect on the environment.

TRANSPORTATION/TRAFFIC27

The project would have a significant impact on the environment if it would:

PROJECT IMPACTS
Conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for
the performance of the circulation system, taking into account all modes of transportation
including mass transit and non-motorized travel and relevant components of the circulation
system, including but not limited to, intersections, streets, highways and freeways, pedestrian
and bicycle paths, and mass transit, specifically:

Traffic Load and Capacity Thresholds28
1. At a study, signalized intersection which is located outside the Downtown area, the project
   would cause the level of service (LOS) to degrade to worse than LOS D (i.e., LOS E);
2. At a study, signalized intersection which is located within the Downtown area, the project
   would cause the LOS to degrade to worse than LOS E (i.e., LOS F);
3. At a study, signalized intersection outside the Downtown area where the level of service is
   LOS E, the project would cause the total intersection average vehicle delay to increase by
   four (4) or more seconds or degrade to worse than LOS E (i.e., LOS F);
[NOTE: The Downtown area is defined in the Land Use and Transportation Element of the
General Plan (page 67) as the area generally bounded by the West Grand Avenue to the north,
Lake Merritt and Channel Park to the east, the Oakland Estuary to the south, and I-980/Brush

27
     See Appendix E and consult with City staff for additional guidance on the transportation analysis.
28
     All LOS calculations shall be based on the methodologies in the current Highway Capacity Manual.

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Street to the west.]
4. At a study, signalized intersection for all areas where the level of service is LOS E, the
   project would cause an increase in the average delay for any of the critical movements of six
   (6) seconds or more or degrade to worse than LOS E (i.e., LOS F);
5. At a study, signalized intersection for all areas where the level of service is LOS F, the
   project would cause (a) the overall volume-to-capacity (“V/C”) ratio to increase 0.01 or more
   or (b) the critical movement V/C ratio to increase 0.02 or more;
6. At a study, unsignalized intersection the project would add ten (10) or more vehicles and
   after project completion satisfy the Caltrans peak hour volume traffic signal warrant;
7. For a roadway segment of the Congestion Management Program (CMP) Network, the project
   would cause (a) the LOS to degrade from LOS E or better to LOS F or (b) the V/C ratio to
   increase 0.03 or more for a roadway segment that would operate at LOS F without the project
   [NOTE: This threshold only applies to land use development projects that generate a vehicle
   trip on a roadway segment of the CMP Network located in the project study area and to
   transportation projects that would reduce the vehicle capacity of a roadway segment of the
   CMP Network];29
8. Cause congestion of regional significance on a roadway segment on the Metropolitan
   Transportation System (MTS) evaluated per the requirements of the Land Use Analysis
   Program of the CMP [NOTE: This threshold only applies to a land use development project
   that involves either (a) a general plan amendment that would generate 100 or more p.m. peak
   hour trips above the current general plan land use designation or (b) an EIR and the project
   would generate 100 or more p.m. peak hour trips above the existing condition. Factors to
   consider in evaluating the potential impact include, but are not limited to, the relationship
   between the project and planned improvements in the Countywide Transportation Plan, the
   project’s consistency with City policies concerning infill and transit-oriented development,
   the proximity of the project to other jurisdictions, and the magnitude of the project’s
   contribution based on V/C ratios.];30


29
   Refer to the Alameda County Transportation Commission’s (ACTC) (formerly the Alameda County Congestion
     Management Agency) Congestion Management Program for a description of the CMP Network. In Oakland,
     the CMP Network includes all state highways plus the following streets: portions of Martin Luther King Jr.
     Way, Webster/Posey Tubes, 23rd Ave., 29th Ave., and Hegenberger Rd.
30
   Refer to ACTC’s Congestion Management Program for a description of the MTS and the Land Use Analysis

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9. Result in substantially increased travel times for AC Transit buses [NOTE: Factors to
   consider in evaluating the potential impact include, but are not limited to, the proximity of
   the project site to the transit corridor(s), the function of the roadway segment(s), and the
   characteristics of the potentially affected bus route(s). The evaluation may require a
   qualitative and/or quantitative analysis depending upon these relevant factors.];

Traffic Safety Thresholds
10. Directly or indirectly cause or expose roadway users (e.g., motorists, pedestrians, bus riders,
    bicyclists) to a permanent and substantial transportation hazard due to a new or existing
    physical design feature or incompatible uses [NOTE: Factors to consider in evaluating the
    potential impact to roadway users due to physical design features and incompatible uses
    include, but are not limited to, collision history and the adequacy of existing traffic
    controls.];

11. Directly or indirectly result in a permanent substantial decrease in pedestrian safety [NOTE:
    Consider whether factors related to pedestrian safety such as, but not limited to, the following
    are substantial in nature:

   •   Degradation of existing pedestrian facilities, including the following:

       o Removal of existing pedestrian refuge islands and/or bulbouts

       o Increase of street crossing distance

       o Permanent removal or significant narrowing of an existing sidewalk, path, marked
         crossing, or pedestrian access way

       o Increase in pedestrian or vehicle volume at unsignalized or uncontrolled intersections

       o Sidewalk overcrowding

   •   Addition of new vehicle travel lanes and/or turn lanes

   •   Permanent removal of existing sidewalk-street buffering elements (e.g., on-street parking


   Program. The ACTC will identify the roadway segments of the MTS that require evaluation in its letter
   commenting on the Notice of Preparation (NOP) issued by the City for the project. Note that the City is
   required to send NOPs and notices of proposed general plan amendments to ACTC under the Land Use
   Analysis Program regardless of how many project-related trips are expected to be generated.

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       lane, planting strip, street trees)

   •   Addition of vehicle driveway entrance(s) that degrade pedestrian safety, with
       considerations given to the following:

       o Number of proposed vehicle driveway entrances

       o Location of proposed vehicle driveway entrance(s)

       o Visibility between pedestrians on the sidewalk and motorists using the proposed
         vehicle driveway entrance(s)];

12. Directly or indirectly result in a permanent substantial decrease in bicyclist safety [NOTE:
    Consider whether factors related to bicyclist safety such as, but not limited to, the following
    are substantial in nature:

   •   Removal or degradation of existing bikeways

   •   Addition of new vehicle travel lanes and/or turn lanes

   •   Addition of vehicle driveway entrances(s) that degrade(s) bicycle safety, with
       consideration given to the following:

       o Number of proposed vehicle driveway entrances

       o Location of proposed vehicle driveway entrance(s)

       o Visibility between bicyclists on travelway and motorists using the proposed vehicle
         driveway entrance(s)];
13. Directly or indirectly result in a permanent substantial decrease in bus rider safety [NOTE:
    Consider whether factors related to bus rider safety such as, but not limited to, the following
    are substantial in nature:

   •   Removal or degradation of existing bus facilities

   •   Siting of bus stops in locations without marked crossings, with insufficient sidewalks, or
       in isolated or unlit areas

   •   Addition of new bus riders that creates overcrowding at a bus stop];

14. Generate substantial multi-modal traffic traveling across at-grade railroad crossings that

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       cause or expose roadway users (e.g., motorists, pedestrians, bus riders, bicyclists) to a
       permanent and substantial transportation hazard. [NOTE: If the project will generate
       substantial multi-modal traffic across an at-grade railroad crossing, a Diagnostic Review will
       be required in consultation with the California Public Utilities Commission. The Review
       should include roadway and rail descriptions, collision history, traffic volumes for all modes,
       train volumes, vehicular speeds, train speeds, and existing rail and traffic controls.]31

Other Thresholds
15. Fundamentally conflict with adopted City policies, plans, or programs regarding public
    transit, bicycle, or pedestrian facilities adopted for the purpose of avoiding or mitigating an
    environmental effect and actually result in a physical change in the environment [NOTE:
    Factors to consider in evaluating the potential conflict include, but are not limited to, the
    following:

       •   Does the project prevent or otherwise substantially adversely affect the future installation
           of a planned transportation improvement identified in an adopted City policy, plan, or
           program?

       •   Does the project fundamentally conflict with the applicable goals, policies, and/or actions
           identified in an adopted City policy, plan, or program?

       Adopted City policies, plans, and programs to consider include, but are not limited to, the
       following:

       •   Land Use and Transportation Element (LUTE) of the General Plan (March 1998)

       •   Pedestrian Master Plan (November 2002)

       •   Bicycle Master Plan (December 2007)

       •   Public Transit and Alternative Modes Policy (formerly known as the “Transit-First
           Policy;” City Council Resolution 73036 C.M.S.)32


31
     Refer to the City’s Standard Conditions of Approval for conditions related to at-grade railroad crossings.
32
     The Public Transit and Alternative Modes Policy is sometimes referred to as the “Transit-First Policy.” City staff
       recommends using the term “Public Transit and Alternative Modes Policy” instead of the term “Transit-First
       Policy” because the policy relates to more than transit.

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     •   Sustainable Development Initiative (City Council Resolution 74678 C.M.S.)

     •   U.N. Environmental Accords (City Council Resolution 79808 C.M.S.)

     •   Capital Improvement Program];

16. Result in a substantial, though temporary, adverse affect on the circulation system during
    construction of the project; or

17. Result in a change in air traffic patterns, including either an increase in traffic levels or a
    change in location that results in substantial safety risks.

[NOTE: See the Hazards and Hazardous Materials thresholds for additional thresholds related to
transportation.]


CUMULATIVE IMPACTS33
18. A project’s contribution to cumulative impacts is considered “considerable” (i.e., significant)
    when the project exceeds at least one of the thresholds listed above in a future year scenario.

PLANNING-RELATED NON-CEQA ISSUES
The following transportation-related topics are not considerations under CEQA but should be
evaluated in order to inform decision-makers and the public about these issues.

Parking34
The Court of Appeal has held that parking is not part of the permanent physical environment,
that parking conditions change over time as people change their travel patterns, and that unmet
parking demand created by a project need not be considered a significant environmental impact
under CEQA unless it would cause significant secondary effects.35 Similarly, the December
2009 amendments to the State CEQA Guidelines (which became effective March 18, 2010)
removed parking from the State’s Environmental Checklist (Appendix G of the State CEQA
Guidelines) as an environmental factor to be considered under CEQA. Parking supply/demand
varies by time of day, day of week, and seasonally. As parking demand increases faster than the

33
   See Appendix F for guidance on the cumulative analysis.
34
   Insert this discussion concerning parking into the environmental document.
35
    San Franciscans Upholding the Downtown Plan v. the City and County of San Francisco (2002) 102
     Cal.App.4th 656.

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supply, parking prices rise to reach equilibrium between supply and demand. Decreased
availability and increased costs result in changes to people’s mode and pattern of travel.
However, the City of Oakland, in its review of the proposed project, wants to ensure that the
project’s provision of parking spaces along with measures to lessen parking demand (by
encouraging the use of non-auto travel modes) would result in minimal adverse effects to project
occupants and visitors, and that any secondary effects (such as on air quality due to drivers
searching for parking spaces) would be minimized. As such, although not required by CEQA,
parking conditions are evaluated in this document as a non-CEQA topic for informational
purposes.
Parking deficits may be associated with secondary physical environmental impacts, such as air
quality and noise effects, caused by congestion resulting from drivers circling as they look for a
parking space. However, the absence of a ready supply of parking spaces, combined with
available alternatives to auto travel (e.g., transit service, shuttles, taxis, bicycles or travel by
foot), may induce drivers to shift to other modes of travel, or change their overall travel habits.
Any such resulting shifts to alternative modes of travel would be in keeping with the City’s
Public Transit and Alternative Modes Policy (sometimes referred to as the “Transit First”
policy).
Additionally, regarding potential secondary effects, cars circling and looking for a parking space
in areas of limited parking supply is typically a temporary condition, often offset by a reduction
in vehicle trips due to others who are aware of constrained parking conditions in a given area.
Hence, any secondary environmental impacts that might result from a shortfall in parking in the
vicinity of the proposed project are considered less than significant.
This document evaluates if the project’s estimated parking demand (both project-generated and
project-displaced) would be met by the project’s proposed parking supply or by the existing
parking supply within a reasonable walking distance of the project site.36 Project-displaced
parking results from the project's removal of standard on-street parking, City or Redevelopment
Agency owned/controlled parking, and/or legally required off-street parking (non-open-to-the-
public parking which is legally required).

Transit Ridership37
Transit load is not part of the permanent physical environment; transit service changes over time
as people change their travel patterns. Therefore, the effect of the proposed project on transit
ridership need not be considered a significant environmental impact under CEQA unless it would


36
   The analysis must compare the proposed parking supply with both the estimated demand and the Oakland
     Planning Code requirements.
37
   Insert this discussion concerning transit ridership into the environmental document.

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cause significant secondary effects, such as causing the construction of new permanent transit
facilities which in turn causes physical effects on the environment. Furthermore, an increase in
transit ridership is an environmental benefit, not an adverse impact. One of the goals of the Land
Use and Transportation Element of the Oakland General Plan is to promote transit ridership. The
City of Oakland, however, in its review of the proposed project, wants to understand the
project’s potential effect on transit ridership. As such, although not required by CEQA, transit
ridership is evaluated in this document as a non-CEQA topic for informational purposes.
This document evaluates whether the project would exceed any of the following:

   •   Increase the average ridership on AC Transit lines by three (3) percent at bus stops where
       the average load factor with the project in place would exceed 125% over a peak thirty
       minute period;
   •   Increase the peak hour average ridership on BART by three (3) percent where the
       passenger volume would exceed the standing capacity of BART trains; or
   •   Increase the peak hour average ridership at a BART station by three (3) percent where
       average waiting time at fare gates would exceed one minute.

Queuing
Evaluate the project’s potential effect on 95th percentile queuing. Would the project cause an
increase in 95th percentile queue length of 25 feet or more at a study, signalized intersection
under the Existing Plus Project condition or the Near-Term Future Baseline Plus Project
condition?


Traffic Control Devices
Evaluate the need for additional traffic control devices (e.g., stop signs, street lighting,
crosswalks, traffic calming devices) using the California MUTCD and applicable City standards.


Collision History
Evaluate three years of vehicle, pedestrian, and bicycle collision data for intersections and
roadway segments within three blocks of the project site to determine if the project would
contribute to an existing problem or if any improvements are recommended in order to alleviate
potential effects of the project.



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UTILITIES AND SERVICE SYSTEMS

The project would have a significant impact on the environment if it would:
1. Exceed wastewater treatment requirements of the San Francisco Bay Regional Water Quality
   Control Board;
2. Require or result in construction of new storm water drainage facilities or expansion of
   existing facilities, construction of which could cause significant environmental effects;
3. Exceed water supplies available to serve the project from existing entitlements and resources,
   and require or result in construction of water facilities or expansion of existing facilities,
   construction of which could cause significant environmental effects;38
4. Result in a determination by the wastewater treatment provider which serves or may serve
   the project that it does not have adequate capacity to serve the project's projected demand in
   addition to the providers' existing commitments and require or result in construction of new
   wastewater treatment facilities or expansion of existing facilities, construction of which could
   cause significant environmental effects;
5. Be served by a landfill with insufficient permitted capacity to accommodate the project’s
   solid waste disposal needs and require or result in construction of landfill facilities or
   expansion of existing facilities, construction of which could cause significant environmental
   effects;
6. Violate applicable federal, state, and local statutes and regulations related to solid waste;
7. Violate applicable federal, state and local statutes and regulations relating to energy
   standards;39 or
8.       Result in a determination by the energy provider which serves or may serve the project
that it does not have adequate capacity to serve the project's projected demand in addition to the
providers' existing commitments and require or result in construction of new energy facilities or
expansion of existing facilities, construction of which could cause significant environmental
effects.


38
   EBMUD needs to be consulted early and a Water Supply Assessment performed for certain, larger projects (see
     Appendix D).
39
   See Appendix F of the State CEQA Guidelines for guidance on information related to energy-conservation that
     must be contained in an EIR.

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APPENDICES


A. Guidance on Historical Resources


B. Guidance on the “Cortese List”


C. List of Oakland’s Major Planning Documents and Recommended General Plan Consistency
   Language and Approach


D. Water Supply Assessments and Early Consultation with EBMUD


E. Transportation Impact Assessment Methodology


G. Cumulative Analysis Guidance




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                                           APPENDIX A


                        GUIDANCE ON HISTORICAL RESOURCES

In the City of Oakland, an historical resource under CEQA is a resource that meets any of the
following criteria:

     1) A resource listed in, or determined to be eligible for listing in, the California Register of
        Historical Resources;

     2) A resource included in Oakland’s Local Register of historical resources (defined
        below), unless the preponderance of evidence demonstrates that it is not historically or
        culturally significant;

     3) A resource identified as significant (e.g., rated 1-5) in a historical resource survey
        recorded on Department of Parks and Recreation Form 523, unless the preponderance
        of evidence demonstrates that it is not historically or culturally significant;

     4) Meets the criteria for listing on the California Register of Historical Resources; or

     5) A resource that is determined by the Oakland City Council to be historically or
        culturally significant even though it does not meet the other four criteria listed above.


The City of Oakland’s Local Register (Historic Preservation Element Policy 3.8) includes the
following:
     •   All Designated Historic Properties (Landmarks, Heritage Properties, Study List
         Properties, Preservation Districts, and S-7 and S-20 Preservation Combining Zone
         Properties); and
     •   Potential Designated Historic Properties that have an existing rating of “A” or “B” or
         are located within an Area of Primary Importance.

Each of these criteria is discussed in greater detail below:

1) California Register of Historical Resources
The building[s] on the subject site (a) [are or are not] listed in the California Register of
Historical Resources; and (b) [have or have not] been determined eligible by the State Historical

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Resources Commission for listing in the California Register of Historical Resources. These
buildings [are or are not] automatically eligible for listing in the California Register (pursuant
to Public Resources Code section 5024.1(d)(1) and (2) and 14 Cal. Code Regs. Section 4851(a))
as they [have or have not] been listed in or formerly determined eligible for the National
Register of Historic Places or the California Historic Landmarks program (landmarks 770 or
higher).

Therefore, the buildings [are or are not] considered historical resources under this criterion.

2) City of Oakland Local Register of Historical Resources
A “local register of historical resources” means a list of properties officially designated or
recognized as historically significant by a local government pursuant to a local ordinance or
resolution, unless the preponderance of evidence demonstrates otherwise.

In March 1994, the Oakland City Council adopted the Historic Preservation Element of the
General Plan. The Historic Preservation Element sets out a graduated system of ratings and
designations resulting from the Oakland Cultural Heritage Survey (OCHS) and Oakland Zoning
Regulations. The Element provides the following policy related to identifying historic resources
under CEQA:

•    Policy 3.8 Definition of “Local Register of Historical Resources” and Historic Preservation
     “Significant Effects” for Environmental Review Purposes: For purposes of environmental
     review under the California Environmental Quality Act, the following properties will
     constitute the City of Oakland’s Local Register of Historic Resources:

     1)    All Designated Historic Properties (Landmarks, Heritage Properties, Study List
           Properties, Preservation Districts, and S-7 and S-20 Preservation Combining Zone
           Properties); and

     2)    Potential Designated Historic Properties that have an existing rating of “A” or “B” or
           are located within an Area of Primary Importance.


The Oakland Cultural Heritage Survey uses a five-tier rating system for individual properties,
ranging from “A” (highest importance) and “B” (major importance) to “E” (of no particular
interest). This letter rating is termed the Individual Property Rating of a building and is based on
the following criteria:

     Visual Quality/Design: Evaluation of exterior design, interior design, materials and
     construction, style or type, supporting elements, feelings of association, and importance of
     designer.

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      History/Association: Association of person or organization, the importance of any event,
      association with patterns of history, and the age of the building.

      Context: Continuity and familiarity of the building within the city, neighborhood, or
      district.

      Integrity and Reversibility: Evaluation of the building’s condition, its exterior and interior
      alterations, and any structural removals.

Properties with conditions or circumstances that could change substantially in the future are
assigned both an “existing” and a “contingency” rating. The existing rating (UPPER CASE
letter) describes the property under its present condition, while the contingency rating (lower
case letter, if any), describes it under possible future circumstances.

The Local Register also includes properties within Areas of Primary Importance (API). An API
is a district that appears eligible for the National Register of Historic Places.

Here, the building[s] are rated ______.

Therefore, the buildings [are or are not] considered historical resources under this criterion.

3) State Historic Resources Survey/Inventory
A resource evaluated and determined by the State Historic Preservation Office to have a
significance rating of 1-5 on a Department of Parks and Recreation Form 523 (historic resources
survey) is presumed to be a historical resource unless the preponderance of evidence
demonstrates it is not.

Here, a DPR Form 523 [was submitted on [date] with a significance rating of __] or [has not
been submitted to the State]. [NOTE: AN UPDATE MUST BE PERFORMED]

Therefore, the buildings [are or are not] considered historical resources under this criterion.

(4) Meets Criteria for Listing in the California Register of Historical Resources
A. California Register of Historic Resources

In order for a resource to meet the criteria for listing in the California Register, it must satisfy all
of the following three provisions:



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           1. It meets one of the following four criteria of significance (Public Resources Code
              section 5024.1(c) and CEQA Guidelines section 15064.5):

                     (a) The resource “is associated with events that have made a significant
                         contribution to the broad patterns of California’s history and cultural
                         heritage;”

                     (b) The resource “is associated with the lives of persons important in our past;”

                     (c) The resource “embodies the distinctive characteristics of a type, period,
                         region, or method of construction, or represents the work of an important
                         creative individual, or possesses high artistic values;” or

                     (d) The resource “has yielded, or may be likely to yield information important in
                         prehistory or history” (this criterion applies primarily to archaeological sites).

           2. The resource retains historic integrity;40 and

           3. It is fifty years old or older (except where it can be demonstrated that sufficient time
              has passed to understand the historical importance of the resource).

B. National Register of Historic Places

Generally, a resource eligible for listing on the National Register of Historic Places is also
eligible for listing on the California Register.

The National Register of Historic Places evaluates a resource’s eligibility for listing based on the
following four criteria: districts, sites, buildings, structures, and objects.

         Criterion A (Event): That are associated with events that have made a significant
         contribution to the broad patterns of our history.

         Criterion B (Person): That are associated with the lives of persons significant in our past.



40
     The California Register defines “integrity” as “the authenticity of a property’s physical identity, evidence by the
       survival of characteristics that existed during the property’s period of significance.” That is, it must retain
       enough of its historic character or appearance to be recognizable as an historical resource. The California
       Register regulations specify that integrity is a quality that applies to historic resources in seven ways: location,
       design, setting, materials, workmanship, feeling, and association. A property must retain most of these qualities
       to possess integrity. Moved or reconstructed buildings can be eligible under certain circumstances.

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       Criterion C (Design/Construction): That embody the distinctive characteristics of a type,
       period, or method of construction, or that represent the work of a master, or that possess
       high artistic values, or that represent a significant and distinguishable entity whose
       components may lack individual distinction.

       Criterion D (Information Potential): That have yielded, or may be likely to yield,
       information important in prehistory or history.

Significance: To be listed on the National Register, a property must be shown to be “significant”
at the local, state, or national level under one or more of the National Register criteria. Mere
association with historic events or trends, individuals, or styles is not enough: the property’s
specific association must be considered important as well.

Integrity: The property must also possess historic “integrity.” Integrity is defined as “the ability
of a property to convey its significance.” The National Register criteria recognize seven
qualities that define integrity: location, design, setting, materials, workmanship, feeling, and
association.

   •    “Location” refers to the place where the historic property was constructed.

   •    “Design” is the combination of architectural elements that create the form, structure, and
        style of the property.

   •    “Setting” is the physical environment surrounding a historic property.

   •    “Materials” are the original physical components that were combined during a particular
        period in time and in a particular pattern to form the historic property.

   •    “Workmanship” is the physical evidence of the building crafts and skills of a particular
        culture during a given period.

   •    “Feeling” is a property’s expression of the aesthetic or historic sense of a particular
        period of time.

   •    “Association” is the direct link between an important historic event or person and a
        historic property.

Special considerations apply to moved or reconstructed properties, cemeteries, religious or
commemorative properties, and properties achieving significance within the past 50 years.

Here, the resource[s] [are or are not] eligible for listing on the California Register.


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appear[s] eligible, according to ______________, because _________________

has/have been formally determined eligible by_______________, on [date]



do[es] not appear eligible, according to ____________, because _________________

has/have been formally determined ineligible by_______________, on [date]



Also, the resource[s] [are or are not ] eligible for listing on the National Register.

appear[s] eligible, according to ______________, because _________________

has/have been formally determined eligible by_______________, on [date]

do[es] not appear eligible, according to _____________, because _________________

has/have been formally determined ineligible by_______________, on [date]



Therefore, the resources [are or are not] considered historical resources under this criterion.

5) Determined by a Lead Agency to be Historically Significant
The fact that a resource is not considered historic pursuant to the above four criteria does not
preclude a lead agency from determining that the resource is nonetheless a “historical resource”
for CEQA purposes.

Here, the buildings [are or are not] considered to be historically significant because they [have
or have not] been determined by the City of Oakland to be a historic resource [this would be an
unusual situation that would require some narrative & explanation].

[NOTE: There are just three very early State Historical Landmarks (Site of College of Calif.,
Site of St. Mary’s College, Camino of Rancho San Antonio) not covered by the categories above
unless SHPO has got around to evaluating them.]

Therefore, the buildings [are or are not] considered historical resources under this criterion.



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Non-CEQA General Plan Policies Regarding Historic Resources
There are other General Plan policies that relate to historic resources, but do not involve CEQA
issues. Such policies do not provide thresholds of significance for CEQA purposes (as they
apply to a much wider range of properties, not just those that meet the CEQA standards set forth
above). These policies are discussed solely for the benefit of the decision-makers who will, as a
policy matter, consider and apply them for consistency prior to issuing discretionary permits for
the project.

•    Policy 3.1 Avoid or Minimize Adverse Historic Preservation Impacts Related to
     Discretionary City Actions: The City will make all reasonable efforts to avoid or minimize
     adverse effects on the Character-Defining Elements of existing or Potential Designated
     Historic Properties which could result from private or public projects requiring
     discretionary City actions.

•    Policy 3.5 Historic Preservation and Discretionary Permit Approvals: For additions or
     alteration to Heritage Properties or Potential Designated Historic Properties requiring
     discretionary City permits, the City will make a finding that: (1) the design matches or is
     compatible with, but not necessarily identical to, the property’s existing or historical
     design; (2) the proposed design comprehensively modifies and is at least equal in quality to
     the existing design and is compatible with the character of the neighborhood; or (3) the
     existing design is undistinguished and does not warrant retention, and the proposed design
     is compatible with the character of the neighborhood.

     For any project involving complete demolition of Heritage Properties or Potential
     Designated Historic Properties requiring discretionary City permits, the City will make a
     finding that: (1) the design quality of the proposed project is at least equal to that of the
     original structure and is compatible with the character of the neighborhood; (2) the public
     benefits of the proposed project outweigh the benefit of retaining the original structure; or
     (3) the existing design is undistinguished and does not warrant retention, and the proposed
     design is compatible with the character of the neighborhood.

•    Policy 3.7 Property Relocation Rather than Demolition as Part of Discretionary Projects:
     As a condition of approval for all discretionary projects involving demolition of existing or
     Potential Designated Historic Properties, the City will normally require that reasonable
     efforts be made to relocate the properties to an acceptable site, including advertising the
     availability of the property for at least ninety (90) days.

•    Policy 3.11 Historic Preservation and Seismic Retrofit and Other Building Safety
     Programs:



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    (a)   The City’s building safety programs, including seismic retrofit programs, will seek to
          preserve existing or Potential Designated Historic Properties and their Character-
          Defining Elements. Where changes to such elements are unavoidable to achieve code
          compliance or other City-mandated modifications, the City will encourage owners to
          design the changes in a manner which minimizes visual impacts.

    (b)   Prevailing codes for the City’s building safety programs when applied to existing or
          Potential Designated Historic Properties will be the Oakland Building Code; the
          Uniform Code for Building Conservation where permitted under state law; and, for
          qualified historical buildings, the State Historical Building Code.

•   Land Use Element Policy D6.2 Reusing Vacant or Underutilized Buildings: Existing
    vacant or underutilized buildings should be reused. Repair and rehabilitation, particularly
    of historic or architecturally significant structures, should be strongly encouraged.
    However, when reuse is not economically feasible, demolition and other measures should
    be considered.

[THERE MAY BE MORE POLICIES DEPENDING ON PROJECT AND WHETHER
CITY/AGENCY FINANCIAL OR OTHER SUPPORT IS PROVIDED–SEE LIST OF
POLICIES IN GENERAL PLAN CONFORMITY GUIDELINES]




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                                          APPENDIX B

                           GUIDANCE ON THE “CORTESE LIST”


The list of hazardous materials sites compiled pursuant to Government Code section 65962.5 is
commonly referred to as the “Cortese List.” The Cortese List is located on the California
Environmental Protection Agency’s website at:

http://www.calepa.ca.gov/SiteCleanup/CorteseList/default.htm

The list on Cal EPA’s website is a compilation of the following lists:

       •   List of Hazardous Waste and Substances sites from Department of Toxic Substances
           Control (DTSC) EnviroStor database

       •   List of Leaking Underground Storage Tank Sites by County and Fiscal Year from
           Water Board GeoTracker database

       •   List of solid waste disposal sites identified by Water Board with waste constituents
           above hazardous waste levels outside the waste management unit (PDF)

       •   List of "active" CDO and CAO from Water Board (MS Excel, 632 KB)

       •   List of hazardous waste facilities subject to corrective action pursuant to section
           25187.5 of the Health and Safety Code, identified by DTSC

Each of these lists meets the Cortese List requirements. A project site listed on any of these lists
is considered to be listed on the Cortese List. Pursuant to section 15300.2 of the CEQA
Guidelines, a categorical exemption shall not be used for a project located on a site included on
the Cortese List.




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                                                   APPENDIX C

                     LIST OF OAKLAND’S MAJOR PLANNING DOCUMENTS


I.         OAKLAND GENERAL PLAN ELEMENTS41

           1)       Land Use and Transportation Element (LUTE) (adopted 3/98; text amended 12/99
                    and 6/05; check with City for latest land use map)
           2)       Estuary Policy Plan (adopted 6/99; amended 6/06)
           3)       Open Space, Conservation and Recreation (OSCAR) Element (adopted 6/96)
           4)       Historic Preservation Element (adopted 3/94; amended 7/98 and 1/07)
           5)       Bicycle Master Plan (updated and adopted 12/07 as part of the LUTE)
           6)       Pedestrian Master Plan (adopted 11/02 as part of the LUTE)
           7)       Housing Element (adopted 12/10)
           8)       Noise Element (adopted 6/05)
           9)       Safety Element (adopted 11/04)
           10)      Scenic Highways Element (adopted 9/74)


II.        OTHER PLANS AND DOCUMENTS

           1)       Oakland Policy Plan (adopted 9/74; amended by LUTE to combine all remaining
                    policies into a “Governance Document;” the Governance Document has not been
                    issued but the goals/policies are listed in the LUTE as part of the amendments)
           2)       Guidelines for Determining Project Conformity with the General Plan and Zoning
                    Regulations (adopted 5/98) [NOTE: Contains a helpful list of major general plan
                    policies]
           3)       North Oakland Hill Area Specific Plan (NOHASP) (adopted 11/86)



III.       BASE REUSE PLANS

           1)       Oak Knoll (adopted 8/96)


41
     Check to see if mitigation measures were adopted for these elements and incorporate as appropriate.

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           2)       Army Base (adopted 7/02; amended 12/06 and 12/07)


IV.        OTHER PLANNING STUDIES

           1)       Mandela Parkway Corridor
           2)       West Oakland 2000
           3)       Gateway Development
           4)       Shepard Canyon Corridor
           5)       Medical Hill
           6)       LUTE Technical Appendix
           7)       Census
           8)       Harrison /Oakland Community Transportation Plan (2/10)


IV.        REDEVELOPMENT PLANS42

           1)       Acorn
           2)       Broadway/MacArthur/San Pablo
           3)       Central District
           4)       Central City East
           5)       Coliseum
           6)       Oak Center
           7)       Oak Knoll
           8)       Oakland Army Base
           9)       Stanford/Adeline
           10)      West Oakland




42
     Check to see if mitigation measures were adopted for these plans and incorporate as appropriate.

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V.   CONSISTENCY OF PROJECT WITH PLANS AND POLICIES


     [NOTE: The following language should be included in any discussion of the consistency
     of the proposed project with the General Plan:]
     Conflicts with a General Plan do not inherently result in a significant effect on the
     environment within the context of CEQA. As stated in section 15358(b) of the CEQA
     Guidelines, “[e]ffects analyzed under CEQA must be related to a physical change.”
     Section 15125(d) of the Guidelines states that EIRs shall discuss any inconsistencies
     between the proposed project and applicable General Plans.

     Further, Appendix G of the CEQA Guidelines (Environmental Checklist Form) makes
     explicit the focus on environmental policies and plans, asking if the project would
     “conflict with any applicable land use plan, policy, or regulation . . . adopted for the
     purpose of avoiding or mitigating an environmental effect” (emphasis added). Even a
     response in the affirmative, however, does not necessarily indicate the project would have
     a significant effect, unless a physical change would occur. To the extent that physical
     impacts may result from such conflicts, such physical impacts are analyzed elsewhere in
     this document.

     Regarding a project’s consistency with the General Plan in the context of CEQA, the
     Oakland General Plan states the following:

             The General Plan contains many policies which may in some cases
             address different goals, policies and objectives and thus some policies may
             compete with each other. The Planning Commission and City Council, in
             deciding whether to approve a proposed project, must decide whether, on
             balance, the project is consistent (i.e., in general harmony) with the
             General Plan. The fact that a specific project does not meet all General
             Plan goals, policies and objectives does not inherently result in a
             significant effect on the environment within the context of the California
             Environmental Quality Act (CEQA). (City Council Resolution No. 79312
             C.M.S.; adopted June 2005)



[NOTE: AFTER LISTING THE MOST APPLICABLE GENERAL PLAN POLICIES, DISCUSS THE
OVERALL CONSISTENCY OF THE PROJECT WITH THE POLICIES.]




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                                                  APPENDIX D

     WATER SUPPLY ASSESSMENTS AND EARLY CONSULTATION WITH EBMUD


CEQA GUIDELINES SECTION 15083.5

Projects affecting water agencies and meeting the criteria established in CEQA Guidelines
section 15083.5 are required to send the Notice of Preparation for an EIR to each public water
system that serves or would serve the proposed project. These agencies have 30 days to submit a
water supply assessment addressing the adequacy of the supply to support the demand created by
the project. The lead agency shall include in the EIR the information provided by the water
agency (up to 10 pages) and must determine whether project water supplies will be sufficient to
meet the demand of the project, in addition to existing and planned future uses.

SB 221 (GOVERNMENT CODE SECTION 66473.7)

SB 221 requires that cities and counties demonstrate that there is sufficient water supply before
they approve a tentative map for the residential development. The sufficiency of water supply
can be established by obtaining a written verification from a public water supplier that confirms
that total water supplies available within a 20 year projection will adequately meet projected
demand associated with proposed subdivision.

SB 221 applies to proposed residential subdivisions of more than 500 dwelling units and does
not apply to infill development -- residential housing proposed for a site that is within or
immediately contiguous to an urbanized area -- or to housing projects that are exclusively for
low-income households (Gov’t Code section 66473.7(i)(1). Oakland should be considered an
urbanized area43 and thus SB 221 does not apply here.

SB 610

SB 610 applies to the following:

       •   Residential developments of more than 500 units;


43
     Although SB 221 does not provide a definition of “urbanized area,” Oakland meets the definition of such
       contained in other statutes/regulations (Health & Safety Code section 33320.1; CEQA Guidelines section
       15387).

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   •   Shopping centers or business establishments employing more than 1,000 persons or
       containing more than 500,00 square feet of floor area;

   •   Commercial office buildings employing 1,000 persons or containing more than 250,000
       square feet of floor area;

   •   Hotels or motels containing more than 500 rooms;

   •   Industrial plants occupying more than 40 acres or containing more than 650,000 square
       feet; or

   •   Any combination of the above that results in equivalent water consumption.

SB 610 requires that before approving any projects that fall within the categories above, cities
and counties must request a water supply assessment from the water supplier most likely to serve
the project and must include the water supply assessment in any CEQA environmental
documents.

Additionally, the water supply assessment must evaluate if the total water supplies during a 20-
year projection will meet the projected water demand associated with the proposed project
(Water Code sections 10912(a), 10911(b), 10910(b), and 10910(c)(4)).




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                                                   APPENDIX E

                 TRANSPORTATION IMPACT ASSESSMENT METHODOLOGY


A. PROJECT IMPACTS

The project impact analysis should utilize the following methodology:

       1) Analyze the following conditions:

           •    Existing

           •    Existing Plus Project

           •    Existing Plus Improvements Plus Project (if applicable; see number 4 below)

       2) The Existing condition reflects the conditions at the time of the transportation impact
          analysis. In the event that a Notice of Preparation (NOP) for an Environmental Impact
          Report (EIR) is issued, the Existing condition reflects the conditions at the time the NOP
          is issued.

       3) To assess potential impacts, compare the Existing condition to the Existing Plus Project
          condition to determine if any of the thresholds are exceeded.

       4) If there are future transportation improvements which will be operational at the time the
          project is approved, consider the improvements to be existing and operational in the
          Existing condition and in the Existing Plus Project condition. Please consult with City
          staff to obtain the latest list of such transportation improvements and to determine how
          such improvements should be evaluated.44




44
     The case of Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council, 190 Cal.App.4th 1351
       (2010) calls into question the practice of including reasonably foreseeable planned transportation improvements
       which will be operational at the time the project is operational in the Existing condition (as compared to the
       actual physical conditions existing at the time the NOP is issued and/or project approval). Planned
       transportation improvements that will be operational after project approval and at the time the project is
       operational should be evaluated as an additional scenario (“Existing Plus Improvements Plus Project”) and such
       impacts and recommended mitigation measures disclosed in the CEQA document.


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B. CUMULATIVE IMPACTS

The cumulative impact analysis should utilize the following methodology:

   For All Transportation Thresholds (Thresholds 1 through 18)

   1) The analysis must include all past, present, and reasonably foreseeable future projects.

   2) Analyze the following conditions:

       •   Near-Term Future Baseline Without Project (e.g., year 2020)

       •   Near-Term Future Baseline Plus Project (e.g., year 2020)

       •   Long-Term Future Baseline Without Project (e.g., year 2035)

       •   Long-Term Future Baseline Plus Project (e.g., year 2035)

   3) To develop the Future conditions (Future Baseline Without Project and Future Baseline
      Plus Project) include reasonably foreseeable future vehicle traffic, land use development
      projects, and transportation improvements.

   4) To estimate future vehicle traffic, use the most current countywide transportation model
      developed by the Alameda County Transportation Commission (ACTC) (formerly the
      Alameda County Congestion Management Agency). Refer to the City’s most current
      List of Major Development Projects and consult with City staff to determine if substantial
      differences exist in future growth between the model and City estimates, as the ACTC
      model is regionally based and fine-grain adjustments at specific intersections may be
      necessary in some circumstances, such as projects involving general plan amendments or
      other land use changes not accounted for in the ACTC model.

   5) To account for future land use development projects for the sole purpose of the Traffic
      Safety Thresholds (Thresholds 10 through 14), use the City’s most current List of Major
      Development Projects. If there are planned land use development projects in the vicinity
      of the project, consider the future projects to be existing and operational in all Future
      conditions (Future Baseline Without Project and Future Baseline Plus Project).

   6) If there are reasonably foreseeable future planned transportation improvements which
      will be operational at the time of the future year, consider the improvements to be
      existing and operational in the Future Baseline Without Project condition and in the
      Future Baseline Plus Project condition. Generally, only approved and funded
      transportation improvements are included, but other improvements may be included if


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     they are considered reasonably foreseeable. Please consult with City staff to obtain the
     latest list of planned transportation improvements and to determine how such
     improvements should be evaluated.

  For Traffic Load and Capacity Thresholds (Thresholds 1 through 9)

  7) To assess potential impacts related to traffic load and capacity (i.e., thresholds no. 1
     through no. 9), first determine if any intersection level of service (LOS) is unacceptable
     under the Future Baseline Plus Project condition (i.e., LOS E outside of Downtown and
     LOS F within Downtown). If all LOS is acceptable, no further cumulative analysis is
     required and there are no significant cumulative impacts. If there are intersections with
     unacceptable LOS, compare the Future Baseline (without project) condition to the Future
     Baseline Plus Project condition to determine if the project’s contribution to cumulative
     impacts is considerable (i.e., significant). A project’s contribution to cumulative impacts
     is considerable if (a) any LOS degrades from acceptable (i.e., LOS A-D outside of
     Downtown and LOS A-E within Downtown) in the Future Baseline condition to
     unacceptable (i.e., LOS E-F outside of Downtown and LOS F within Downtown) in the
     Future Baseline Plus Project condition OR (b) the LOS is unacceptable in the Future
     Baseline (without project) condition and the vehicle delay or volume-to-capacity (V/C)
     thresholds are exceeded in the Future Baseline Plus Project condition.



C. ALTERNATIVE ROUTE IMPACTS

  8) If the project is found to have a significant and unavoidable impact at a study segment or
     intersection during any of the study conditions, and there appears to be one or more
     alternative routes that may have a shorter travel time to the same destination (e.g., a
     freeway on-ramp), then the alternative route must be analyzed for diverted traffic
     impacts. An alternative route analysis may also be necessary if a segment or intersection
     operates at LOS F under the Existing condition or either of the Future Baseline
     conditions. The transportation consultant shall work with the City to estimate the
     percentage of project traffic that is expected to use the alternative route and to determine
     which alternative route(s) and intersection(s) will be analyzed. Generally, intersections
     along the alternative route expected to experience at least ten project trips per hour per
     lane (on a critical movement) should be studied.




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D. CONSISTENCY WITH OTHER TRANSPORTATION STUDIES

  9) Consult with City staff to obtain pending and recently City-approved transportation
     studies and utilize information from these studies if current and applicable. The
     methodology, analysis, and conclusions (e.g., Existing conditions/LOS, planned
     improvements, Future Baseline conditions, and proposed mitigation measures) of the
     subject study should be consistent with the other studies. Consistency may require
     coordination among transportation consultants.

  10) Consult with City staff to obtain transportation studies from planning documents that
      apply to the project site (e.g., General Plan Land Use and Transportation Element EIR,
      redevelopment plan EIRs, and specific plan EIRs) to determine if the studies identify
      mitigation that would apply to the project or otherwise affect the project.



E. MITIGATION OUTSIDE OF CITY’S JURISDICTION

  11) If mitigation is proposed for a potentially significant impact at a location outside of the
      City’s jurisdiction (e.g., in the Caltrans right-of-way or in another city), since the City
      does not have control over the mitigation, assume the impact is significant and
      unavoidable unless directed otherwise by the City. Notify the City immediately if such
      mitigation is proposed so that the City can consult early with the other jurisdiction.




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                                            APPENDIX F



                            CUMULATIVE ANALYSIS GUIDANCE



The cumulative analysis must evaluate whether the project’s incremental effect is cumulatively
considerable when combined with other projects causing related impacts. The analysis shall
include all past, present, and reasonably foreseeable future projects. To account for these
other projects, CEQA allows cities to use the “list method” (i.e., a list containing past, present,
and reasonably foreseeable future projects) and/or the “forecast method” (i.e., a projection or
model). The City of Oakland uses a combination of both the list method and the forecast method
for cumulative analyses.

For transportation-related impacts (including transportation-related noise, air quality, and
greenhouse gas impacts) the City generally uses the forecast method, by utilizing the countywide
transportation model of the Alameda County Transportation Commission (formerly the Alameda
County Congestion Management Agency). For guidance on the cumulative analysis for
transportation-related impacts, refer to Appendix E.

For all other impacts, the City generally uses the list method, which is based upon the past,
present, and reasonably foreseeable future projects contained in the City’s latest List of Major
Development Projects. Assume that all projects on the List, including projects with pre-
application discussions and those that are under review, approved, and completed, are existing in
both the Cumulative Baseline (without project) condition and the Cumulative Baseline Plus
Project condition.

For each of the topics below, evaluate both the Cumulative Baseline (without project) condition
and the Cumulative Baseline Plus Project condition:



Cultural

If the project is located on a site with an historic resource, within an historic district, or adjacent
to an historic resource:

    1. Evaluate the project site.

    2. Evaluate adjacent buildings.


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   3. Evaluate the district.

   4. Also evaluate the potential impact with consideration to the citywide impact. [NOTE:
      See the analysis for the Kaiser Center Office development project, as an example.]

Visual

   1. View points should be developed through the scoping session, public comments, and
      consultant recommendations.

   2. Look at the visual impact analysis of other projects in the vicinity of the project.

   3. Refer to the City’s wind database for information on reasonably foreseeable projects (see
      “Wind” discussion below).

Shadow

   1. Unless directed otherwise by the City, evaluate the following dates/times: 9:00 a.m.,
      12:00 p.m., and 3:00 p.m. for the Spring Equinox, Summer Solstice, Fall Equinox, and
      Winter Solstice.

Wind

   1. The City maintains a database of projects to be used for the cumulative wind analysis.
      Check with City staff.

   2. The wind consultant must determine the wind radius and provide the City with a wind
      radius map to be used to identify projects to be used in the cumulative analysis.

   3. The applicant is responsible for adding the project and all reasonably foreseeable projects
      from the wind database within the wind radius to the wind model.

   4. The applicant is responsible for modifying the wind model to physically modify buildings
      that have changed.

   5. The applicant is responsible for repairing any damaged buildings in the wind model.

   6. The applicant must notify the City of modifications made to the wind model so that the
      City can update the City’s wind database. This is important so that the City knows what
      is in the actual physical model.




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                  City of Oakland
            Planning and Zoning Division




   CONDITIONS OF APPROVAL &
UNIFORMLY APPLIED DEVELOPMENT
STANDARDS IMPOSED AS STANDARD
    CONDITIONS OF APPROVAL

   A list of Condition of Approval Templates for projects
        approved under the Oakland Planning Code.




                  For Staff Use Only
           This document is available electronically at
         L:\CEQA Documents\StandardCOA9/17/08.finalDraft.doc



                      REVISED 09/05/07
                         Amended 01/17/08
                         Amended 9/17/08
CITY OF OAKLAND

SUPPLEMENTAL STANDARD CONDITIONS OF APPROVAL

This document provides supplemental information concerning the City of Oakland’s Standard
Conditions of Approval (SCAs). The SCAs contained in this document are to be used in
conjunction with the City’s current set of SCAs (dated September 9, 2008; which were adopted
by the Oakland City Council on November 3, 2008 (Ordinance No. 12899 C.M.S.)).

These SCAs replace the following 2008 SCAs:

      Dust Control (SCA 26)
      Construction Emissions (SCA 27)
      Indoor Air Quality (SCA 94)
      Air Pollution Buffering for Private Open Space (SCA 95)

These SCAs include new SCAs related to the following topics:

      Archeological Resources (further implementing 2008 SCA 52)
      Bird Collision Reduction
      Greenhouse Gas (GHG) Reduction Plan
      Railroad Crossings
      Green Building

AIR QUALITY

The SCA below applies to ALL construction projects

Note: This SCA replaces the 2008 SCAs for Dust Control (SCA 26) and Construction
Emissions (SCA 27).

A. Construction-Related Air Pollution Controls (Dust and Equipment Emissions)
   Ongoing throughout demolition, grading, and/or construction
   During construction, the project applicant shall require the construction contractor to
   implement all of the following applicable measures recommended by the Bay Area Air
   Quality Management District (BAAQMD):
   BASIC (Applies to ALL construction sites)
   a) Water all exposed surfaces of active construction areas at least twice daily (using
      reclaimed water if possible). Watering should be sufficient to prevent airborne dust from
      leaving the site. Increased watering frequency may be necessary whenever wind speeds
      exceed 15 miles per hour. Reclaimed water should be used whenever possible.
   b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
      maintain at least two feet of freeboard (i.e., the minimum required space between the top
      of the load and the top of the trailer).




                                              1
c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
     power vacuum street sweepers at least once per day. The use of dry power sweeping is
     prohibited.
d) Pave all roadways, driveways, sidewalks, etc. as soon as feasible. In addition, building
     pads should be laid as soon as possible after grading unless seeding or soil binders are
     used.
e) Enclose, cover, water twice daily or apply (non-toxic) soil stabilizers to exposed
     stockpiles (dirt, sand, etc.).
f) Limit vehicle speeds on unpaved roads to 15 miles per hour.
g) Idling times shall be minimized either by shutting equipment off when not is use or
     reducing the maximum idling time to five minutes (as required by the California airborne
     toxics control measure Title 13, Section 2485, of the California Code of Regulations.
     Clear signage to this effect shall be provided for construction workers at all access points.
h) All construction equipment shall be maintained and properly tuned in accordance with
     the manufacturer’s specifications. All equipment shall be checked by a certified
     mechanic and determined to be running in proper condition prior to operation.
i) Post a publicly visible sign that includes the contractor’s name and telephone number to
     contact regarding dust complaints. When contacted, the contractor shall respond and take
     corrective action within 48 hours. The telephone numbers of contacts at the City and the
     BAAQMD shall also be visible. This information may be posted on other required on-
     site signage.
ENHANCED: All "Basic" controls listed above plus the following controls if the project
involves:
i) 114 or more single-family dwelling units;
ii) 240 or more multi-family units;
iii) Nonresidential uses that exceed the applicable screening size listed in the Bay Area
Air Quality Management District's CEQA Guidelines;
iv) Demolition permit;
v) Simultaneous occurence of more than two construction phases (e.g., grading and
building construction occuring simultaneously);
vi) Extensive site preparation (i.e., the construction site is four acres or more in size); or
vii) Extensive soil transport (i.e., 10,000 or more cubic yards of soil import/export).
j) All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil
     moisture of 12 percent. Moisture content can be verified by lab samples or moisture
     probe.
k) All excavation, grading, and demolition activities shall be suspended when average wind
     speeds exceed 20 mph.
l) Install sandbags or other erosion control measures to prevent silt runoff to public
     roadways.
m) Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously
     graded areas inactive for one month or more).




                                              2
   n) Designate a person or persons to monitor the dust control program and to order increased
      watering, as necessary, to prevent transport of dust offsite. Their duties shall include
      holidays and weekend periods when work may not be in progress.
   o) Install appropriate wind breaks (e.g., trees, fences) on the windward side(s) of actively
      disturbed areas of the construction site to minimize wind blown dust. Wind breaks must
      have a maximum 50 percent air porosity.
   p) Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
      disturbed areas as soon as possible and watered appropriately until vegetation is
      established.
   q) The simultaneous occurrence of excavation, grading, and ground-disturbing construction
      activities on the same area at any one time shall be limited. Activities shall be phased to
      reduce the amount of disturbed surfaces at any one time.
   r) All trucks and equipment, including tires, shall be washed off prior to leaving the site.
   s) Site accesses to a distance of 100 feet from the paved road shall be treated with a 6 to 12
      inch compacted layer of wood chips, mulch, or gravel.
   t) Minimize the idling time of diesel-powered construction equipment to two minutes.
   u) The project applicant shall develop a plan demonstrating that the off-road equipment
      (more than 50 horsepower) to be used in the construction project (i.e., owned, leased, and
      subcontractor vehicles) would achieve a project wide fleet-average 20 percent NOx
      reduction and 45 percent particulate matter (PM) reduction compared to the most recent
      California Air Resources Board (CARB) fleet average. Acceptable options for reducing
      emissions include the use of late model engines, low-emission diesel products, alternative
      fuels, engine retrofit technology, after-treatment products, add-on devices such as
      particulate filters, and/or other options as they become available.
   v) Use low VOC (i.e., ROG) coatings beyond the local requirements (i.e., BAAQMD
      Regulation 8, Rule 3: Architectural Coatings).
   w) All construction equipment, diesel trucks, and generators shall be equipped with Best
      Available Control Technology for emission reductions of NOx and PM.
   x) Off-road heavy diesel engines shall meet the CARB’s most recent certification standard.

The SCA below applies if ALL of the following criteria are met:

1. The project involves any of the following sensitive land uses:

  a) Residential uses (new dwelling units); or
  b) New or expanded schools, daycare centers, parks, nursing homes, or medical
  facilities; and

2. The project is located within 1,000' of one or more of the following sources of particulate
matter (PM):

  a) Freeway;
  b) Roadway with signficant traffic (at least 10,000 vehicles/day);
  c) Rail line (except BART) with over 30 trains per day;




                                               3
   d) Distribution center that accomodates more than 100 trucks per day, more than 40
   trucks with operating refrigeration units (TRU) per day, or where the TRU unit
   operations exceed 300 hours per week;
   e) Major service and maintenance rail or truck yard; or
   f) The Port of Oakland; and

3. The project exceeds the health risk screening criteria after a screening analysis is
conducted in accordance with the Bay Area Air Quality Management (BAAQMD) CEQA
Guidelines. (Note: If during the screening analysis there are no data available for the
particular pollution source, apply the condition.)

Note: This SCA replaces the 2008 SCAs for Indoor Air Quality (SCA 94) and Air Pollution
Buffering for Private Open Space (SCA 95).

B. Exposure to Air Pollution (Toxic Air Contaminants: Particulate Matter)
   Prior to issuance of a demolition, grading, or building permit
   A. Indoor Air Quality: In accordance with the recommendations of the California Air
      Resources Board (CARB) and the Bay Area Air Quality Management District,
      appropriate measures shall be incorporated into the project design in order to reduce the
      potential health risk due to exposure to diesel particulate matter to achieve an acceptable
      interior air quality level for sensitive receptors. The appropriate measures shall include
      one of the following methods:

       1) The project applicant shall retain a qualified air quality consultant to prepare a health
          risk assessment (HRA) in accordance with the CARB and the Office of
          Environmental Health and Hazard Assessment requirements to determine the
          exposure of project residents/occupants/users to air polluters prior to issuance of a
          demolition, grading, or building permit. The HRA shall be submitted to the Planning
          and Zoning Division for review and approval. The applicant shall implement the
          approved HRA recommendations, if any. If the HRA concludes that the air quality
          risks from nearby sources are at or below acceptable levels, then additional measures
          are not required.

       2) The applicant shall implement all of the following features that have been found to
          reduce the air quality risk to sensitive receptors and shall be included in the project
          construction plans. These features shall be submitted to the Planning and Zoning
          Division and the Building Services Division for review and approval prior to the
          issuance of a demolition, grading, or building permit and shall be maintained on an
          ongoing basis during operation of the project.
          a) Redesign the site layout to locate sensitive receptors as far as possible from any
              freeways, major roadways, or other sources of air pollution (e.g., loading docks,
              parking lots).
          b) Do not locate sensitive receptors near distribution center’s entry and exit points.
          c) Incorporate tiered plantings of trees (redwood, deodar cedar, live oak, and/or
              oleander) to the maximum extent feasible between the sources of pollution and
              the sensitive receptors.



                                                4
          d) Install, operate and maintain in good working order a central heating and
             ventilation (HV) system or other air take system in the building, or in each
             individual residential unit, that meets or exceeds an efficiency standard of MERV
             13. The HV system shall include the following features: Installation of a high
             efficiency filter and/or carbon filter to filter particulates and other chemical matter
             from entering the building. Either HEPA filters or ASHRAE 85% supply filters
             shall be used.
          e) Retain a qualified HV consultant or HERS rater during the design phase of the
             project to locate the HV system based on exposure modeling from the pollutant
             sources.
          f) Install indoor air quality monitoring units in buildings.
          g) Project applicant shall maintain, repair and/or replace HV system on an ongoing
             and as needed basis or shall prepare an operation and maintenance manual for the
             HV system and the filter. The manual shall include the operating instructions and
             the maintenance and replacement schedule. This manual shall be included in the
             CC&Rs for residential projects and distributed to the building maintenance staff.
             In addition, the applicant shall prepare a separate homeowners manual. The
             manual shall contain the operating instructions and the maintenance and
             replacement schedule for the HV system and the filters.

    B. Outdoor Air Quality: To the maximum extent practicable, individual and common
       exterior open space, including playgrounds, patios, and decks, shall either be shielded
       from the source of air pollution by buildings or otherwise buffered to further reduce air
       pollution for project occupants.

The SCA below applies if ALL of the following criteria are met:

1. The project involves any of the following sensitive land uses:

  a) Residential uses (new dwelling units); or
  b) New or expanded schools, daycare centers, parks, nursing homes, or medical
  facilities; and

2. The project is located within 1,000' of one or more of the following sources of gaseous
Toxic Air Contaminants:

  a) Electroplating or chrome plating facility;
  b) Dry cleaner using Perchloroethylene (Perc);
  c) Auto body shop; or
  d) Other source of gaseous TAC requiring a permit from the BAAQMD; and

3. The project exceeds the health risk screening criteria after a screening analysis is
conducted in accordance with the BAAQMD CEQA Guidelines. (Note: If during the
screening analysis there are no screening criteria available for the particular pollution
source, apply the condition.)




                                                5
Note: This SCA replaces the 2008 SCAs for Indoor Air Quality (SCA 94) and Air Pollution
Buffering for Private Open Space (SCA 95).

C. Exposure to Air Pollution (Toxic Air Contaminants: Gaseous Emissions)
   Prior to issuance of a demolition, grading, or building permit
   A. Indoor Air Quality: In accordance with the recommendations of the California Air
      Resources Board (CARB) and the Bay Area Air Quality Management District,
      appropriate measures shall be incorporated into the project design in order to reduce the
      potential risk due to exposure to toxic air contaminants to achieve an acceptable interior
      air quality level for sensitive receptors. The project applicant shall retain a qualified air
      quality consultant to prepare a health risk assessment (HRA) in accordance with the
      CARB and the Office of Environmental Health and Hazard Assessment requirements to
      determine the exposure of project residents/occupants/users to air polluters prior to
      issuance of a demolition, grading, or building permit. The HRA shall be submitted to the
      Planning and Zoning Division for review and approval. The applicant shall implement
      the approved HRA recommendations, if any. If the HRA concludes that the air quality
      risks from nearby sources are at or below acceptable levels, then additional measures are
      not required.

    B. Exterior Air Quality: To the maximum extent practicable, individual and common
       exterior open space, including playgrounds, patios, and decks, shall either be shielded
       from the source of air pollution by buildings or otherwise buffered to further reduce air
       pollution for project occupants.

BIOLOGICAL RESOURCES

The SCA below applies to ALL new construction, including telecommunication towers,
which include large uninterrupted expanses of glass that account for more than 40% of any
one side of the building's exterior AND at least one of the following:

a) The project is located immediately adjacent to a substantial water body (i.e. Oakland
Estuary, San Francisco Bay, Lake Merritt or other subtantial lake, reservoir, or wetland);
OR

b) The project is located immediately adjacent to a subtantial recreation area or park (i.e.
Region-Serving Park, Resource Conservation Areas, Community Parks, Neighborhood
Parks, and Linear Parks and Special Use Parksand generally over 1 acre in size), which
contains substantial vegetation, OR

c) The project includes a substantial vegetated or green roof (roofs with growing medium
and plants taking the place of conventional roofing, such asphalt, tile, gravel, or shingles),
but excluding container gardens.

D. Bird Collision Reduction
   Prior to issuance of a building permit and ongoing




                                                6
The project applicant, or his or her successor, including the building manager or
homeowners’ association, shall submit plans to the Planning and Zoning Division, for review
and approval, indicating how they intend to reduce potential bird collisions to the maximum
feasible extent. The applicant shall implement the approved plan, including all mandatory
measures, as well as applicable and specific project Best Management Practice (BMP)
strategies to reduce bird strike impacts to the maximum feasible extent.

a) Mandatory measures include all of the following:
       i. Comply with federal aviation safety regulations for large buildings by installing
          minimum intensity white strobe lighting with three second flash instead of
          blinking red or rotating lights.
      ii. Minimize the number of and co-locate rooftop-antennas and other rooftop
          structures.
     iii. Monopole structures or antennas shall not include guy wires.
     iv. Avoid the use of mirrors in landscape design.
      v. Avoid placement of bird-friendly attractants (i.e. landscaped areas, vegetated
            roofs, water features) near glass.

b) Additional BMP strategies to consider include the following:
  i. Make clear or reflective glass visible to birds using visual noise techniques. Examples
          include:
          1.     Use of opaque or transparent glass in window panes instead of reflective
                 glass.
          2.     Uniformly cover the outside clear glass surface with patterns (e.g., dots,
                 decals, images, abstract patterns). Patterns must be separated by a
                 minimum 10 centimeters (cm).
          3.     Apply striping on glass surface. If the striping is less than 2 cm wide it
                 must be applied vertically at a maximum of 10 cm apart (or 1 cm wide
                 strips at 5 cm distance).
          4.     Install paned glass with fenestration patterns with vertical and horizontal
                 mullions of 10 cm or less.
          5.     Place decorative grilles or louvers with spacing of 10 cm or less.
          6.     Apply one-way transparent film laminates to outside glass surface to make
                 the window appear opaque on the outside.
          7.     Install internal screens through non-reflective glass (as close to the glass as
                 possible) for birds to perceive windows as solid objects.
          8.     Install windows which have the screen on the outside of the glass.
          9.     Use UV-reflective glass. Most birds can see ultraviolet light, which is
                 invisible to humans.
          10.    If it is not possible to apply glass treatments to the entire building, the
                 treatment should be applied to windows at the top of the surrounding tree
                 canopy or the anticipated height of the surrounding vegetation at maturity.
 ii. Mute reflections in glass. Examples include:
          1.      Angle glass panes toward ground or sky so that the reflection is not in a
                  direct line-of-sight (minimum angle of 20 degrees with optimum angle of
                  40 degrees).



                                             7
              2.     Awnings, overhangs, and sunshades provide birds a visual indication of a
                     barrier and may reduce image reflections on glass, but do not entirely
                     eliminate reflections.
    iii. Reduce Light Pollution. Examples include:
              1.     Turn off all unnecessary interior lights from 11 p.m. to sunrise.
              2.     Install motion-sensitive lighting in lobbies, work stations, walkways, and
                     corridors, or any area visible from the exterior and retrofitting operation
                     systems that automatically turn lights off during after-work hours.
              3.     Reduce perimeter lighting whenever possible.
    iv. Institute a building operation and management manual that promotes bird safety.
         Example text in the manual includes:
              1.     Donation of discovered dead bird specimens to authorized bird
                     conservation organization or museums to aid in species identification and
                     to benefit scientific study, as per all federal, state and local laws.
              2.     Production of educational materials on bird-safe practices for the building
                     occupants.
              3.     Asking employees to turn off task lighting at their work stations and draw
                     office blinds or curtains at end of work day.
              4.     Schedule nightly maintenance during the day or to conclude before 11
                     p.m., if possible.

CULTURAL RESOURCES

The SCA below applies to all projects that require a grading permit and are located in
archaeologically sensitive areas. Archaeologically sensitive areas include areas in which
previous CEQA documents or other information identified a higher likelihood of
archaeological finds.

Note: This SCA further implements (and is in addition to) the 2008 SCA for Archeological
Resources (SCA 52).

E. Archaeological Resources – Sensitive Areas
   Prior to issuance of a demolition, grading, or building permit
   The project applicant shall implement either Provision A (Intensive Pre-Construction Study)
   or Provision D (Construction ALERT Sheet). However, if in either case a high potential
   presence of historic-period archaeological resources on the project site is indicated, or a
   potential resource is discovered, the project applicant shall also implement all of the
   following provisions:

      Provision B (Construction-Period Monitoring),
      Provision C (Avoidance and/or Find Recovery), and
      Provision D (to establish a Construction ALERT Sheet if the Intensive Pre-Construction
       Study was originally implemented per Provision A, or to update and provide more
       specificity to the initial Construction ALERT Sheet if a Construction Alert Sheet was
       originally implemented per Provision D).




                                               8
Provision A through Provision D are detailed as follows:

Provision A: Intensive Pre-Construction Study - The project applicant, upon approval from
the City Planning and Zoning Division, may choose to complete a site-specific, intensive
archaeological resources study prior to soil-disturbing activities occurring on the project site.
The purpose of the site-specific, intensive archaeological resources study is to identify early
the potential presence of history-period archaeological resources on the project site. If that
approach is selected, the study shall be conducted by a qualified archaeologist approved by
the City Planning and Zoning Division. If prepared, at a minimum, the study shall include:

   An intensive cultural resources study of the project site, including subsurface
    presence/absence studies, of the project site. Field studies conducted by the approved
    archaeologist(s) may include, but are not limited to, auguring and other common methods
    used to identify the presence of archaeological resources;
   A report disseminating the results of this research;
   Recommendations for any additional measures that could be necessary to mitigate any
    adverse impacts to recorded and/or inadvertently discovered cultural resources.

If the results of the study indicate a high potential presence of historic-period archaeological
resources on the project site, or a potential resource is discovered, the project applicant shall
hire a qualified archaeologist to monitor any ground disturbing activities on the project site
during construction (see Provision B, Construction-Period Monitoring, below), implement
avoidance and/or find recovery measures (see Provision C, Avoidance and/or Find Recovery,
below), and prepare an ALERT Sheet that details what could potentially be found at the
project site (see Provision D, Construction ALERT Sheet, below).

Provision B: Construction-Period Monitoring - Archaeological monitoring would include
briefing construction personnel about the type of artifacts that may be present (as referenced
in the ALERT Sheet, require per Provision D, Construction ALERT Sheet, below) and the
procedures to follow if any are encountered, field recording and sampling in accordance with
the Secretary of Interior’s Standards and Guidelines for Archaeological Documentation,
notifying the appropriate officials if human remains or cultural resources are discovered, or
preparing a report to document negative findings after construction is completed. If a
significant archaeological resource is discovered during the monitoring activities, adherence
to Provision C, Avoidance and/or Find Recovery, discussed below), would be required to
reduce the impact to less than significant. The project applicant shall hire a qualified
archaeologist to monitor all ground-disturbing activities on the project site throughout
construction.

Provision C: Avoidance and/or Find Recovery - If a significant archaeological resource is
present that could be adversely impacted by the proposed project, the project applicant of the
specific project site shall either:

   Stop work and redesign the proposed project to avoid any adverse impacts on significant
    archaeological resource(s); or,



                                             9
   If avoidance is determined infeasible by the City, design and implement an
    Archaeological Research Design and Treatment Plan (ARDTP). The project applicant
    shall hire a qualified archaeologist who shall prepare a draft ARDTP that shall be submitted
    to the City Planning and Zoning Division for review and approval. The ARDTP is required
    to identify how the proposed data recovery program would preserve the significant
    information the archaeological resource is expected to contain. The ARDTP shall
    identify the scientific/historic research questions applicable to the expected resource, the
    data classes the resource is expected to possess, and how the expected data classes
    would address the applicable research questions. The ARDTP shall include the analysis
    and specify the curation and storage methods. Data recovery, in general, shall be limited
    to the portions of the archaeological resource that could be impacted by the proposed
    project. Destructive data recovery methods shall not be applied to portions of the
    archaeological resources if nondestructive methods are practical. The project applicant shall
    implement the ARDTP. Because the intent of the ARDTP is to save as much of the
    archaeological resource as possible, including moving the resource, if feasible, preparation
    and implementation of the ARDTP would reduce the potential adverse impact to less than
    significant.

Provision D: Construction ALERT Sheet - The project applicant, upon approval from the
City Planning and Zoning Division, may choose to prepare a construction ALERT sheet prior
to soil-disturbing activities occurring on the project site, instead of conducting site-specific,
intensive archaeological resources pursuant to Provision A, above. The project applicant shall
submit for review and approval by the City prior to subsurface construction activity an “ALERT”
sheet prepared by a qualified archaeologist with visuals that depict each type of artifact that
could be encountered on the project site. Training by the qualified archaeologist shall be
provided to the project’s prime contractor; any project subcontractor firms (including
demolition, excavation, grading, foundation, and pile driving); and/or utilities firm involved in
soil-disturbing activities within the project site.

The ALERT sheet shall state, in addition to the basic archaeological resource protection
measures contained in other standard conditions of approval, that in the event of discovery of
the following cultural materials, all work must be stopped in the area and the City’s
Environmental Review Officer contacted to evaluate the find: concentrations of shellfish
remains; evidence of fire (ashes, charcoal, burnt earth, fire-cracked rocks); concentrations of
bones; recognizable Native American artifacts (arrowheads, shell beads, stone mortars
[bowls], humanly shaped rock); building foundation remains; trash pits, privies (outhouse
holes); floor remains; wells; concentrations of bottles, broken dishes, shoes, buttons, cut
animal bones, hardware, household items, barrels, etc.; thick layers of burned building debris
(charcoal, nails, fused glass, burned plaster, burned dishes); wood structural remains
(building, ship, wharf); clay roof/floor tiles; stone walls or footings; or gravestones.

Prior to any soil-disturbing activities, each contractor shall be responsible for ensuring that the
ALERT sheet is circulated to all field personnel, including machine operators, field crew,
pile drivers, and supervisory personnel.




                                              10
    If the project applicant chooses to implement Provision D, Construction ALERT Sheet, and a
    potential resource is discovered on the project site during ground disturbing activities
    during construction, the project applicant shall hire a qualified archaeologist to monitor any
    ground disturbing activities on the project site during construction (see Provision B,
    Construction-Period Monitoring, above), implement avoidance and/or find recovery
    measures (see Provision C, Avoidance and/or Find Recovery, above), and prepare an updated
    ALERT Sheet that addresses the potential resource(s) and other possible resources based on
    the discovered find found on the project site.

GREENHOUSE GAS EMISSIONS

The SCA below applies under any of the following scenarios:

Scenario A: Projects which (a) involve a land use development (i.e., a project that does not
require a permit from the Bay Area Air Quality Management District (BAAQMD) to
operate), (b) exceed the greenhouse gas (GHG) emissions screening criteria contained in
the BAAQMD CEQA Guidelines, 1 AND (c) after a GHG analysis is prepared would
produce total GHG emissions of more than 1,100 metric tons of CO 2 e annually AND more
than 4.6 metric tons of CO 2 e per service population annually (with “service population”
defined as the total number of employees and residents of the project).

Scenario B: Projects which (a) involve a land use development, (b) exceed the GHG
emissions screening criteria contained in the BAAQMD CEQA Guidelines, 2 (c) after a
GHG analysis is prepared would exceed at least one of the BAAQMD Thresholds of
Significance (more than 1,100 metric tons of CO 2 e annually OR more than 4.6 metric tons
of CO 2 e per service population annually), AND (d) are considered to be “Very Large
Projects.” 3

1
  For residential development projects, refer to the City’s 2007-2014 Housing Element EIR screening criteria. The
Housing Element EIR’s analysis showed that residential development projects of less than 172 units would not
result in a significant climate change impact and, therefore, no project-specific GHG analysis is required for such
projects. Under an alternative approach in the Housing Element EIR, the analysis found that ANY residential
development project (including those containing 172 or more units) would not result in a significant climate change
impact and that no project-specific GHG analysis would be required. For residential projects containing 172 or
more units, please consult with City Planning staff and the City Attorney’s office on the appropriate GHG review.
For nonresidential development projects and mixed-use development projects, the nonresidential component of the
project must be compared to the BAAQMD screening criteria and the applicable threshold if the screening criteria
are exceeded, independently from any residential component the project.
2
  See footnote #1 above.
3
  A “Very Large Project” is defined as any of the following:
   (A) Residential development of more than 500 dwelling units;
   (B) Shopping center or business establishment employing more than 1,000 persons or encompassing more than
   500,000 square feet of floor space;
   (C) Commercial office building employing more than 1,000 persons or encompassing more than 250,000 square
   feet of floor space;
   (D) Hotel/motel development of more than 500 rooms;
   (E) Industrial, manufacturing, processing plant, or industrial park planned to house more than 1,000 persons,
   occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area; or
   (F) Any combination of smaller versions of the above that when combined result in equivalent annual GHG
   emissions as the above.


                                                        11
Scenario C: Projects which (a) involve a stationary source of GHG (i.e., a project that
requires a permit from BAAQMD to operate) AND (b) after a GHG analysis is prepared
would produce total GHG emissions of more than 10,000 metric tons of CO 2 e annually.


F. Greenhouse Gas (GHG) Reduction Plan
   Prior to issuance of a construction-related permit and ongoing as specified
   The project applicant shall retain a qualified air quality consultant to develop a Greenhouse
   Gas (GHG) Reduction Plan for City review and approval. The applicant shall implement the
   approved GHG Reduction Plan.

   The goal of the GHG Reduction Plan shall be to increase energy efficiency and reduce GHG
   emissions to below [INCLUDE IF SCENARIO A OR B] at least one of the Bay Area Quality
   Management District’s (BAAQMD’s) CEQA Thresholds of Significance (1,100 metric tons
   of CO 2 e per year or 4.6 metric tons of CO 2 e per year per service population) [INCLUDE IF
   SCENARIO C] the Bay Area Quality Management District’s (BAAQMD’s) CEQA
   Thresholds of Significance (10,000 metric tons of CO 2 e per year) [INCLUDE IF
   SCENARIO B] AND to reduce GHG emissions by 36 percent below the project’s “adjusted”
   baseline GHG emissions (as explained below) to help achieve the City’s goal of reducing
   GHG emissions. The GHG Reduction Plan shall include, at a minimum, (a) a detailed GHG
   emissions inventory for the project under a “business-as-usual” scenario with no
   consideration of project design features, or other energy efficiencies, (b) an “adjusted”
   baseline GHG emissions inventory for the project, taking into consideration energy
   efficiencies included as part of the project (including the City’s Standard Conditions of
   Approval, proposed mitigation measures, project design features, and other City
   requirements), (c) a comprehensive set of quantified additional GHG reduction measures
   available to further reduce GHG emissions beyond the adjusted GHG emissions, and (d)
   requirements for ongoing monitoring and reporting to demonstrate that the additional GHG
   reduction measures are being implemented. If the project is to be constructed in phases, the
   GHG Reduction Plan shall provide GHG emission scenarios by phase.

   Specifically, the applicant/sponsor shall adhere to the following:

   a) GHG Reduction Measures Program. Prepare and submit to the City Planning Director
       or his/her designee for review and approval a GHG Reduction Plan that specifies and
       quantifies GHG reduction measures that the project will implement by phase.

       Potential GHG reduction measures to be considered include, but are not be limited to,
       measures recommended in BAAQMD’s latest CEQA Air Quality Guidelines, the
       California Air Resources Board Scoping Plan (December 2008, as may be revised), the
       California Air Pollution Control Officers Association (CAPCOA) Quantifying
       Greenhouse Gas Mitigation Measures Document (August 2010, as may be revised), the
       California Attorney General’s website, and Reference Guides on Leadership in Energy
       and Environmental Design (LEED) published by the U.S. Green Building Council.




                                                12
   The proposed GHG reduction measures must be reviewed and approved by the City
   Planning Director or his/her designee. The types of allowable GHG reduction measures
   include the following (listed in order of City preference): (1) physical design features; (2)
   operational features; and (3) the payment of fees to fund GHG-reducing programs (i.e.,
   the purchase of “offset carbon credits,” pursuant to item “b” below).

   The allowable locations of the GHG reduction measures include the following (listed in
   order of City preference): (1) the project site; (2) off-site within the City of Oakland;
   (3) off-site within the San Francisco Bay Area Air Basin; (4) off-site within the State of
   California; then (5) elsewhere in the United States.

b) Offset Carbon Credits Guidelines. For GHG reduction measures involving the purchase
   of offset carbon credits, evidence of the payment/purchase shall be submitted to the City
   Planning Director or his/her designee for review and approval prior to completion of the
   project (or prior to completion of the project phase, if the project includes more one
   phase).

   As with preferred locations for the implementation of all GHG reductions measures, the
   preference for offset carbon credit purchases include those that can be achieved as
   follows (listed in order of City preference): (1) within the City of Oakland; (2) within the
   San Francisco Bay Area Air Basin; (3) within the State of California; then (4) elsewhere
   in the United States. The cost of offset carbon credit purchases shall be based on current
   market value at the time purchased and shall be based on the Project’s operational
   emissions estimated in the GHG Reduction Plan or subsequent approved emissions
   inventory, which may result in emissions that are higher or lower than those estimated in
   the GHG Reduction Plan.

c) Plan Implementation and Documentation. For physical GHG reduction measures to be
   incorporated into the design of the project, the measures shall be included on the
   drawings submitted for construction-related permits. For operational GHG reduction
   measures to be incorporated into the project, the measures shall be implemented on an
   indefinite and ongoing basis beginning at the time of project completion (or at the
   completion of the project phase for phased projects).

   For physical GHG reduction measures to be incorporated into off-site projects, the
   measures shall be included on drawings and submitted to the City Planning Director or
   his/her designee for review and approval and then installed prior to completion of the
   subject project (or prior to completion of the project phase for phased projects). For
   operational GHG reduction measures to be incorporated into off-site projects, the
   measures shall be implemented on an indefinite and ongoing basis beginning at the time
   of completion of the subject project (or at the completion of the project phase for phased
   projects).

d) Compliance, Monitoring and Reporting. Upon City review and approval of the GHG
   Reduction Plan program by phase, the applicant/sponsor shall satisfy the following



                                            13
   Implementation of the GHG reduction measures and related requirements shall be
   ensured through the project applicant/sponsor’s compliance with Conditions of Approval
   adopted for the project. Generally, starting two years after the City issues the first
   Certificate of Occupancy for the project, the project applicant/sponsor shall prepare each
   year of the useful life of the project an Annual GHG Emissions Reduction Report
   (Annual Report), subject to the City Planning Director or his/her designee for review and
   approval. The Annual Report shall be submitted to an independent reviewer of the City
   Planning Director’s or his/her designee’s choosing, to be paid for by the project
   applicant/sponsor (see Funding, below), within two months of the anniversary of the
   Certificate of Occupancy.

   The Annual Report shall summarize the project’s implementation of GHG reduction
   measures over the preceding year, intended upcoming changes, compliance with the
   conditions of the Plan, and include a brief summary of the previous year’s Annual Report
   results (starting the second year). The Annual Report shall include a comparison of
   annual project emissions to the baseline emissions reported in the GHG Plan.

   The GHG Reduction Plan shall be considered fully attained when project emissions are
   less than either applicable numeric BAAQMD CEQA Thresholds [INCLUDE IF
   SCENARIO B] AND GHG emissions are 36 percent below the project’s “adjusted”
   baseline GHG emissions, as confirmed by the City Planning Director or his/her designee
   through an established monitoring program. Monitoring and reporting activities will
   continue at the City’s discretion, as discussed below.

e) Funding. Within two months after the Certificate of Occupancy, the project
   applicant/sponsor shall fund an escrow-type account or endowment fund to be used
   exclusively for preparation of Annual Reports and review and evaluation by the City
   Planning Director or his/her designee, or its selected peer reviewers. The escrow-type
   account shall be initially funded by the project applicant/sponsor in an amount
   determined by the City Planning Director or his/her designee and shall be replenished by
   the project applicant/sponsor so that the amount does not fall below an amount
   determined by the City Planning Director or his/her designee. The mechanism of this
   account shall be mutually agreed upon by the project applicant/sponsor and the City
   Planning Director or his/her designee, including the ability of the City to access the funds
   if the project applicant/sponsor is not complying with the GHG Reduction Plan
   requirements, and/or to reimburse the City for its monitoring and enforcement costs.

f) Corrective Procedure. If the third Annual Report, or any report thereafter, indicates that,
   in spite of the implementation of the GHG Reduction Plan, the project is not achieving



                                           14
   If, one year after the Corrective GHG Action Plan is implemented, the required GHG
   emissions reduction target is still not being achieved, or if the project applicant/owner
   fails to submit a report at the times described above, or if the reports do not meet City
   requirements outlined above, the City Planning Director or his/her designee may, in
   addition to its other remedies, (a) assess the project applicant/sponsor a financial penalty
   based upon actual percentage reduction in GHG emissions as compared to the percent
   reduction in GHG emissions established in the GHG Reduction Plan; or (b) refer the
   matter to the City Planning Commission for scheduling of a compliance hearing to
   determine whether the project’s approvals should be revoked, altered or additional
   conditions of approval imposed.

   The penalty as described in (a) above shall be determined by the City Planning Director
   or his/her designee and be commensurate with the percentage GHG emissions reduction
   not achieved (compared to the applicable numeric significance thresholds) or required
   percentage reduction from the “adjusted” baseline.

   In determining whether a financial penalty or other remedy is appropriate, the City shall
   not impose a penalty if the project applicant/sponsor has made a good faith effort to
   comply with the GHG Reduction Plan.

   The City would only have the ability to impose a monetary penalty after a reasonable
   cure period and in accordance with the enforcement process outlined in Planning Code
   Chapter 17.152. If a financial penalty is imposed, such penalty sums shall be used by the
   City solely toward the implementation of the GHG Reduction Plan.

g) Timeline Discretion and Summary. The City Planning Director or his/her designee shall
   have the discretion to reasonably modify the timing of reporting, with reasonable notice
   and opportunity to comment by the applicant, to coincide with other related monitoring
   and reporting required for the project.
    Fund Escrow-type Account for City Review: Certificate of Occupancy plus 2 months
    Submit Baseline Inventory of “Actual Adjusted Emissions”: Certificate of Occupancy
      plus 1 year
    Submit Annual Report #1: Certificate of Occupancy plus 2 years
    Submit Corrective GHG Action Plan (if needed): Certificate of Occupancy plus
      4 years (based on findings of Annual Report #3)
    Post Attainment Annual Reports: Minimum every 3 years and at the City Planning
      Director’s or his/her designee’s reasonable discretion




                                           15
TRANSPORTATION/TRAFFIC

The SCA below applies to ALL construction projects located within 1/4 mile of an at-grade
railroad crossing and generates substantial vehicle, bicyclist and/or pedestrain traffic, and
a Transportation Impact Study (TIS) is otherwise requried to be prepared for the proposed
project.

G. Railroad Crossings
    Analysis required during project review; implementation prior to project completion
   The Transportation Impact Studies (TIS) otherwise required to be prepared for the project, in
   accordance with standard City policies and practices, must evaluate potential impacts to at-
   grade railroad crossing resulting from project-related traffic. In general, the major types of
   impacts to consider are collisions between trains and vehicles, trains and pedestrians, and
   trains and bicyclists. The TIS should include an analysis of potential queuing onto railroad
   tracks. A “Diagnostic Review” must be undertaken and include specific traffic elements,
   such as roadway and rail description, accident history, traffic volumes (all modes, including
   pedestrian and bicyclist crossing movements), train volumes, vehicular speeds, train speeds,
   and existing rail and traffic control.

    Where the TIS identifies potentially substantially dangerous crossing conditions at at-grade
    railroad crossings caused by the project, measures relative to the project’s traffic
    contribution to the crossings may be applied through project redesign and/or incorporation of
    the appropriate measures to reduce potential adverse impacts caused by specific housing
    development projects. These measures may include, without limitation, the following:

        a)   Installation of grade separations at crossings, i.e., physically separating roads and
             railroad tracks by constructing overpasses or underpasses
        b)   Improvements to warning devices at existing highway rail crossings that are
             impacted by project traffic
        c)   Installation of additional warning signage
        d)   Improvements to traffic signaling at intersections adjacent to crossings, e.g., signal
             preemption
        e)   Installation of median separation to prevent vehicles from driving around railroad
             crossing gates
        f)   Where sound walls, landscaping, buildings, etc. would be installed near crossings,
             maintaining the visibility of warning devices and approaching trains
        g)   Prohibition of parking within 100 feet of the crossings to improve the visibility of
             warning devices and approaching trains
        h)   Construction of pull-out lanes for buses and vehicles transporting hazardous
             materials
        i)   Installation of vandal-resistant fencing or walls to limit the access of pedestrians
             onto the railroad right-of-way
        j)   Elimination of driveways near crossings
        k)   Increased enforcement of traffic laws at crossings
        l)   Rail safety awareness programs to educate the public about the hazards of
             highway-rail grade crossings



                                               16
   Any proposed improvements must be coordinated with California Public Utility Commission
   (CPUC) and affected railroads and all necessary permits/approvals obtained, including a GO
   88-B Request (Authorization to Alter Highway Rail Crossings).

UTILITIES AND SERVICE SYSTEMS

The SCA below applies to the projects listed below:

Residential
a) New Construction of a One or Two Family Dwelling
b) New Construction of a Multi-Family Dwelling (3+ units)
c) Additions or Alterations to a One or Two Family Dwelling that is over 1,000 sq. ft. of total
floor area
e) Construction of or Alteration to Residential Units (any amount) that receive City or
Redevelopment Funding (e.g., NOFA projects)

Non-Residential
a) New Construction of Non-Residential Building over 25,000 sq. ft. of total floor area
b) Major Alterations (see Green Building Definitions) over 25,000 sq. ft. of total floor area to a
Non-Residential Building

H. Compliance with the Green Building Ordinance, OMC Chapter 18.02
   Prior to issuance of a demolition, grading, or building permit
   The applicant shall comply with the requirements of the California Green Building Standards
   (CALGreen) mandatory measures and the applicable requirements of the Green Building
   Ordinance, OMC Chapter 18.02.
   a) The following information shall be submitted to the Building Services Division for
       review and approval with the application for a building permit:
        i. Documentation showing compliance with Title 24 of the 2008 California Building
           Energy Efficiency Standards.
       ii. Completed copy of the final green building checklist approved during the review of
           the Planning and Zoning permit.
      iii. Copy of the Unreasonable Hardship Exemption, if granted, during the review of the
           Planning and Zoning permit.
      iv. Permit plans that show, in general notes, detailed design drawings, and specifications
           as necessary, compliance with the items listed in subsection (b) below.
       v. Copy of the signed statement by the Green Building Certifier approved during the
           review of the Planning and Zoning permit that the project complied with the
           requirements of the Green Building Ordinance.
      vi. Signed statement by the Green Building Certifier that the project still complies with
           the requirements of the Green Building Ordinance, unless an Unreasonable Hardship
           Exemption was granted during the review of the Planning and Zoning permit.
     vii. Other documentation as deemed necessary by the City to demonstrate compliance
           with the Green Building Ordinance.
   b) The set of plans in subsection (a) shall demonstrate compliance with the following:



                                               17
        i. CALGreen mandatory measures.
       ii. All pre-requisites per the LEED / GreenPoint Rated checklist approved during the
           review of the Planning and Zoning permit, or, if applicable, all the green building
           measures approved as part of the Unreasonable Hardship Exemption granted during
           the review of the Planning and Zoning permit.
      iii. Insert green building point level/certification requirement: (See Green Building
           Summary Table; for New Construction of Residential or Non-residential
           projects that remove a Historic Resource (as defined by the Green Building
           Ordinance) the point level certification requirement is 75 points for residential
           and LEED Gold for non-residential) per the appropriate checklist approved during
           the Planning entitlement process.
      iv. All green building points identified on the checklist approved during review of the
           Planning and Zoning permit, unless a Request for Revision Plan-check application is
           submitted and approved by the Planning and Zoning Division that shows the
           previously approved points that will be eliminated or substituted.
       v. The required green building point minimums in the appropriate credit categories.
   During construction
   The applicant shall comply with the applicable requirements CALGreen and the Green
   Building Ordinance, Chapter 18.02.
   a) The following information shall be submitted to the Building Inspections Division of the
       Building Services Division for review and approval:
        i. Completed copies of the green building checklists approved during the review of the
           Planning and Zoning permit and during the review of the building permit.
       ii. Signed statement(s) by the Green Building Certifier during all relevant phases of
           construction that the project complies with the requirements of the Green Building
           Ordinance.
      iii. Other documentation as deemed necessary by the City to demonstrate compliance
           with the Green Building Ordinance.
   After construction, as specified below
   Within sixty (60) days of the final inspection of the building permit for the project, the Green
   Building Certifier shall submit the appropriate documentation to Build It Green / Green
   Building Certification Institute and attain the minimum certification/point level identified
   in subsection (a) above. Within one year of the final inspection of the building permit for the
   project, the applicant shall submit to the Planning and Zoning Division the Certificate from
   the organization listed above demonstrating certification and compliance with the minimum
   point/certification level noted above.

The SCA below applies to the projects listed below AND that are rated using the Small
Commercial or Bay Friendly Basic Landscape Checklists:
a) New Construction of Non-Residential Buildings between 5,000 and 25,000 sq. ft. of total floor
area.
b) Alterations/Alterations 5,000 and 25,000 sq. ft. of total floor area to a Non-Residential
Building
c) Additions/Alterations (not meeting the Major Alteration Definition) over 25,000 sq. ft. of total
floor area to a Non-Residential Building




                                                18
d) Alterations/Aterations 5,000 and 25,000 sq. ft. of total floor area to a Historic Non-Residential
Building
e) Additions/Alterations (not meeting the Major Alteration Definition) over 25,000 sq. ft. of total
floor area to a Historic Non-Residential Building
f) Construction projects with over 25,000 sq. ft. of total floor area of new construction requiring
a landscape plan.

I. Compliance with the Green Building Ordinance, OMC Chapter 18.02, for Building and
   Landscape Projects Using the StopWaste.Org Small Commercial or Bay Friendly Basic
   Landscape Checklist
   Prior to issuance of a building permit
   The applicant shall comply with the requirements of the California Green Building Standards
   (CALGreen) mandatory measures and the applicable requirements of the Green Building
   Ordinance, (OMC Chapter 18.02.) for projects using the StopWaste.Org Small Commercial
   or Bay Friendly Basic Landscape Checklist.
   a) The following information shall be submitted to the Building Services Division for
       review and approval with application for a Building permit:
        i. Documentation showing compliance with the 2008 Title 24, California Building
           Energy Efficiency Standards.
       ii. Completed copy of the green building checklist approved during the review of a
           Planning and Zoning permit.
      iii. Permit plans that show in general notes, detailed design drawings and specifications
           as necessary compliance with the items listed in subsection (b) below.
      iv. Other documentation to prove compliance.
   b) The set of plans in subsection (a) shall demonstrate compliance with the following:
        i. CALGreen mandatory measures.
       ii. All applicable green building measures identified on the StopWaste.Org checklist
           approved during the review of a Planning and Zoning permit, or submittal of a
           Request for Revision Plan-check application that shows the previously approved
           points that will be eliminated or substituted.
   During construction
   The applicant shall comply with the applicable requirements of CALGreen and Green
   Building Ordinance, Chapter 18.02 for projects using the StopWaste.Org Small Commercial
   or Bay Friendly Basic Landscape Checklist.
   a) The following information shall be submitted to the Building Inspections Division for
       review and approval:
        i. Completed copy of the green building checklists approved during review of the
           Planning and Zoning permit and during the review of the Building permit.
       ii. Other documentation as deemed necessary by the City to demonstrate compliance
           with the Green Building Ordinance.




                                                19
                                                                                                                                                   Page 1




                                                            TABLE OF CONTENTS


Introduction ......................................................................................................................................5
Practical Use .....................................................................................................................................6

Part 1: General Conditions of Approval for all Projects


Approved Use ...................................................................................................................................7
Effective Date, Expiration, Extensions and Extinguishment ........................................................... 7
Scope of This Approval; Major and Minor Changes ....................................................................... 7
Conformance with Other Requirements ........................................................................................... 7
Conformance to Approved Plans; Modification of Conditions and Revocation...............................8
Signed Copy of the Conditions/Mitigation Measures ....................................................................... 8
Indemnification..................................................................................................................................8
Compliance with the Conditions of Approval................................................................................... 9
Severability........................................................................................................................................9
Job Site Plans.....................................................................................................................................9
Special Inspector/Inspections, Independent Technical Review, etc..................................................9
Required Landscape Plan for New Residential Construction & Certain Additions, etc ................... 9
Landscape Requirements for Street Frontages (Residential) ............................................................10
Assurance of Landscaping Completion.............................................................................................10
Landscape Maintenance ....................................................................................................................10
Landscape Requirements for Downslope Lots.................................................................................. 11
Landscape Requirements for Street Frontages (Commercial and Manufacturing) ........................... 11
Landscape Maintenance ....................................................................................................................11



Part 2: Additional General Conditions of Approval for Major Project Cases


Underground Utilities .......................................................................................................................12
Improvements in the Public Right-of-Way (General) .......................................................................12
                                                                                                                                                   Page 2


Improvements in the Public Right-of-Way (Specific).......................................................................12
Payment for Public Improvements ....................................................................................................13
Compliance Matrix............................................................................................................................13
Construction Management Plan ........................................................................................................13
Parking and Transportation Demand Management ...........................................................................13



Part 3: Uniformly Applied Development Standards (Imposed as Standard Conditions of Approval)


Dust Control ......................................................................................................................................15
Construction Emissions .....................................................................................................................16
Days/Hours of Operation...................................................................................................................16
Noise Control.....................................................................................................................................17
Noise Complaint Procedures ............................................................................................................17
Interior Noise.....................................................................................................................................18
Operational Noise-General................................................................................................................18
Construction Traffic and Parking ......................................................................................................18
Erosion and Sedimentation Control...................................................................................................19
Hazards Best Management Practices.................................................................................................19
Waste Reduction and Recycling........................................................................................................20
Standard Conditions of Approval / Mitigation Measures and Existing Program (SCAMMRP) ...... 21
Vibration............................................................................................................................................21
Pile Driving and Other Extreme Noise Generators ........................................................................... 22
Lighting Plan .....................................................................................................................................22
Asbestos Removal in Structures........................................................................................................23
Asbestos Removal in Soil..................................................................................................................23
Tree Removal Permit on Creekside Properties ................................................................................. 25
Tree Removal During Breeding Season ............................................................................................25
Tree Removal Permit.........................................................................................................................25
Tree Replacement Plantings .............................................................................................................25
Tree Protection During Construction ................................................................................................26
Whipsnake Habitat, Biological Monitor............................................................................................27
Whipsnake Habitat, Placement of Debris..........................................................................................27
Whipsnake Habitat, Barrier Fence ....................................................................................................28
                                                                                                                                                   Page 3


Whipsnake Habitat, Downsloping Lots.............................................................................................28
Archeological Resources ...................................................................................................................28
Human Remains ................................................................................................................................29
Paleontological Resources.................................................................................................................29
Erosion and Sedimentation Control Plan ..........................................................................................29
Compliance with Policy 3.7 of the Historic Preservation Element ...................................................30
Vibrations Adjacent to Historic Structures........................................................................................30
Soils Report .......................................................................................................................................31
Geotechnical Report (Alquist Priolo) ................................................................................................32
Geotechnical Report (Sesimic Hazards Zone) .................................................................................. 33
Site Review by the Fire Services Division ........................................................................................34
Phase I and/or Phase II Reports.........................................................................................................34
Lead-Based Paint/Coatings, Asbestos, or PCB Occurrence Assessment..........................................34
Environmental Site Assessment Reports Remediation ..................................................................... 34
Lead-Based Paint Remediation ..........................................................................................................34
Other Materials Classified as Hazardous Waste ............................................................................... 35
Health and Safety Plan per Assessment ............................................................................................35
Best Management Practices for Soil and Groundwater Hazards.......................................................35
Radon or Vapor Intrusion from Soil or Groundwater Sources.......................................................... 36
Vegetation Management Plan............................................................................................................36
Fire Safety Phasing Plan....................................................................................................................36
Vegetation Management Plan on Creekside Properties ....................................................................37
Fire Safety .........................................................................................................................................37
Hazardous Materials Business Plan...................................................................................................37
Stormwater Pollution Prevention Plan ..............................................................................................38
Drainage Plan for Projects on slopes Greater than 20%....................................................................38
Erosion, Sedimentation and Debris Control Measures...................................................................... 39
Site Design Measures for Post-Construction Stormwater Management ...........................................40
Source Control Measures to Limit Stormwater Pollution ................................................................. 40
Post-Construction Stormwater Management Plan............................................................................. 41
Maintenance Agreement for Stormwater Treatment Measures......................................................... 42
Erosion, Sedimentation, and Debris Control Measures..................................................................... 42
Creek Protection Plan ........................................................................................................................44
Regulatory Permits and Authorizations (Creeks)..............................................................................44
                                                                                                                                              Page 4


Creek Monitoring ..............................................................................................................................44
Creek Landscaping Plan ....................................................................................................................44
Creek Dewatering and Aquatic Life..................................................................................................45
Creek Dewatering and Diversion ......................................................................................................45
Regulatory Permits and Authorizations (Flood Hazard Boundary) .................................................. 46
Structures within Floodplain .............................................................................................................46
Stormwater and Sewer.......................................................................................................................46
Traffic Fairshare for Projects Located in Southeast Oakland ...........................................................47
Oakland Area Geologic Hazards Abatement District (GHAD) ....................................................... 47
Indoor Air Quality .............................................................................................................................48
Air Pollution Buffering for Private Open Space ............................................................................... 49




Part 4: Conditions of Approval Based on Topic (Forthcoming; See Standard Conditions Template
October 01, 2003 for possible suggestions for project specific Conditions of Approval)
                                                                                                               Page 5



                                              INTRODUCTION
In general, projects of the same type should have the same Conditions of Approval. Variations in conditions
of approval should only occur if two projects have different characteristics such as their zoning, General Plan
land use category, size, location, development context, or other special considerations. This document
provides a template to achieve this consistency.

This document has been divided into three parts:

1) General Conditions of Approval for all Projects;
2) General Conditions for Major Permits; and
3) Uniformly Applied Development Standards, imposed as Standard Conditions of Approval, as indicated
below.

The Conditions listed in Part 1 are General Conditions which we attach to each and every planning approval
regardless of project type, location, size, context, or other considerations.

The Conditions listed in Part 2 are applied to projects that require an initial decision by the Planning
Commission, which are appealable to the City Council, and therefore require the imposition of special
conditions of approval.

Part 3 of this document includes the City’s Uniformly Applied Development Standards. These Development
Standards are incorporated into projects as Standard Conditions of Approval regardless of a project’s
environmental determination, pursuant, in part, to CEQA Guidelines section 15183. As applicable,
the Standard Conditions of Approval are adopted as requirements of an individual project when it is approved
by the City and are designed to, and will, substantially mitigate environmental effects. In reviewing project
applications, the City determines which of the Standard Conditions of Approval are applied, based upon the
zoning district, community plan, and the type(s) of permit(s)/approvals(s) required for the project. Depending
on the specific characteristics of the project type and/or project site, the City will determine which Standard
Conditions of Approval apply to each project; for example, Standard Conditions of Approval related to creek
protection permits will only be applied projects on creekside properties.

The Standard Conditions of Approval incorporate development policies and standards from various adopted
plans, policies, and ordinances (such as the Oakland Planning and Municipal Codes, Oakland Creek
Protection, Stormwater Water Management and Discharge Control Ordinance, Oakland Tree Protection
Ordinance, Oakland Grading Regulations, National Pollutant Discharge Elimination System (NPDES) permit
requirements, Housing Element-related mitigation measures, California Building Code, and Uniform Fire
Code, among others 1 ), which have been found to substantially mitigate environmental effects. In EIRs the
Development Standards should be included in the discussion concerning the regulatory setting of each
environmental topic. Where there are peculiar circumstances associated with a project or project site that will
result in significant environmental impacts despite implementation of the Standard Conditions of Approval the
City will determine whether there are feasible mitigation measures to reduce the impact to less than significant
levels in the course of appropriate CEQA review (mitigated negative declarations or EIRs).


1
 These Standard Conditions of Approval do not include each and every mitigation measure from every General Plan,
Redevelopment Plan, or other plan EIR. Mitigation measures not included here have already been implemented or adopted as City
policy.
                                                                                                   Page 6



Practical Use
This document has been designed to be incorporated into the Planning and Zoning Division’s templates and
staff reports. To effectively use this document please copy the entire document into each approval letter and
report. Coping this into your report should keep all the formatting the same. The other option would be to use
the document as a separate Attachment from your letter or report. Do not use a previous approval letter or staff
report as a template. This negates the use of this document.

For an Administrative Case, delete the Introduction/ Guide. Then start with Part 1 and delete the grey
heading and underline. Fill in the other grey boxes with the appropriate dates, etc. To edit grey boxes double-
click with mouse and edit the default text box. Delete all of Part 2 and delete Part 3’s heading and purpose
once you have familiarized yourself with the contents. Delete the underline. Go through each grey heading and
decide whether it is applicable to the project. All grey boxes within the condition should be filled-out. If a
heading does not apply to the project delete the entire section until the next heading. Repeat until you reach
the end of the document. Delete the Planning Commission approval lines. You might need to also delete
spaces between conditions or add spaces to make sure that all of the condition is on one page. To turn-off grey
boxes, go to View/toolbars and check forms. On the forms toolbar, click the “a” surrounded by the hatching.
This should turn off all the grey shading.

For a Major Permits, delete the Introduction Guide. Follow the directions for Part 1 of the Administrative
Cases above. Delete heading for Part 2 and continue filling in the grey boxes. To edit grey boxes double-click
with mouse and edit the default text box. Also delete the underline. Once you reach Part 3, delete the heading
and the purpose once you have familiarized yourself with the contents. Delete underline. Go through each grey
heading and decide whether it is applicable to the project. All grey boxes within the condition should be filled-
out. If a heading does not apply to the project delete the entire section until the next heading. The conditions
should renumber themselves. Do not change any of the wording in the condition except for the grey boxes.
You might need to also delete spaces between conditions or add spaces to make sure that all of the condition is
on one page. To turn-off grey boxes, go to View/toolbars and check forms. On the forms toolbar, click the “a”
surrounded by the hatching. This should turn off all the grey shading.
     Oakland City Planning Commission                                                                         Date
     Case File Number:                                                                                    Page - 7 -

     [Part 1: General Conditions of Approval for all Projects]

1.     Approved Use
         Ongoing
       a) The project shall be constructed and operated in accordance with the authorized use as described in the
          application materials, letter and/or staff report, and the plans dated insert date of final approved
          plans and submitted on insert "received" date of final approved plans, and as amended by the
          following conditions. Any additional uses or facilities other than those approved with this permit, as
          described in the project description and the approved plans, will require a separate application and
          approval. Any deviation from the approved drawings, Conditions of Approval or use shall required prior
          written approval from the Director of City Planning or designee.

       b) This action by the Director of City Planning or City Planning Commission (“this Approval”) includes
       the approvals set forth below. This Approval includes: List permit, code section, memo and/or date if
       applicable per the language in the public notice.
         I.Example: Approval of a Planned Unit Development ("PUD") for the Kenilworth Residential
           PUD, under Oakland Municipal Code Section 17.140

2.     Effective Date, Expiration, Extensions and Extinguishment
         Ongoing
         Unless a different termination date is prescribed, this Approval shall expire select one calendar year for
         code compliance cases / two years for all other cases from the approval date, unless within such period
         all necessary permits for construction or alteration have been issued, or the authorized activities have
         commenced in the case of a permit not involving construction or alteration. Upon written request and
         payment of appropriate fees submitted no later than the expiration date of this permit, the Director of
         City Planning or designee may grant a one-year extension of this date, with additional extensions subject
         to approval by the approving body. Expiration of any necessary building permit for this project may
         invalidate this Approval if the said extension period has also expired.

3.     Scope of This Approval; Major and Minor Changes
         Ongoing
         The project is approved pursuant to the select document. Examples include Planning Code,
         Subdivision Regulations, Creek Protection Ordinance etc only. Minor changes to approved plans may
         be approved administratively by the Director of City Planning or designee. Major changes to the
         approved plans shall be reviewed by the Director of City Planning or designee to determine whether such
         changes require submittal and approval of a revision to the approved project by the approving body or a
         new, completely independent permit.

4.     Conformance with other Requirements
        Prior to issuance of a demolition, grading, P-job, or other construction related permit
       a) The project applicant shall comply with all other applicable federal, state, regional and/or local
          laws/codes, requirements, regulations, and guidelines, including but not limited to those imposed by
          the City’s Building Services Division, the City’s Fire Marshal, and the City’s Public Works Agency.
          Compliance with other applicable requirements may require changes to the approved use and/or plans.
          These changes shall be processed in accordance with the procedures contained in Condition of
          Approval 3.


                                                                             Conditions of Approval
                                                                                                     Page 8




     b) The applicant shall submit approved building plans for project-specific needs related to fire protection
        to the Fire Services Division for review and approval, including, but not limited to automatic
        extinguishing systems, water supply improvements and hydrants, fire department access, and
        vegetation management for preventing fires and soil erosion.

5.   Conformance to Approved Plans; Modification of Conditions or Revocation
       Ongoing
     a) Site shall be kept in a blight/nuisance-free condition. Any existing blight or nuisance shall be abated
        within 60-90 days of approval, unless an earlier date is specified elsewhere.

     b) The City of Oakland reserves the right at any time during construction to require certification by a
        licensed professional that the as-built project conforms to all applicable zoning requirements, including
        but not limited to approved maximum heights and minimum setbacks. Failure to construct the project in
        accordance with approved plans may result in remedial reconstruction, permit revocation, permit
        modification, stop work, permit suspension or other corrective action.

     c) Violation of any term, Conditions/ Mitigation Measures or project description relating to the
        Approvals is unlawful, prohibited, and a violation of the Oakland Municipal Code. The City of Oakland
        reserves the right to initiate civil and/or criminal enforcement and/or abatement proceedings, or after
        notice and public hearing, to revoke the Approvals or alter these Conditions/ Mitigation Measures if it
        is found that there is violation of any of the Conditions/ Mitigation Measures or the provisions of the
        Planning Code or Municipal Code, or the project operates as or causes a public nuisance. This
        provision is not intended to, nor does it, limit in any manner whatsoever the ability of the City to take
        appropriate enforcement actions. The project applicant shall be responsible for paying fees in
        accordance with the City’s Master Fee Schedule for inspections conducted by the City or a City-
        designated third-party to investigate alleged violations of the Conditions of Approval.

6.   Signed Copy of the Conditions/ Mitigation Measures
       With submittal of a demolition, grading, and building permit
       A copy of the approval letter and Conditions/ Mitigation Measures shall be signed by the property
       owner, notarized, and submitted with each set of permit plans to the appropriate City agency for this
       project.

7.   Indemnification
      Ongoing
     a) To the maximum extent permitted by law, the applicant shall defend (with counsel acceptable to the
        City), indemnify, and hold harmless the City of Oakland, the Oakland City Council, the City of Oakland
        Redevelopment Agency, the Oakland City Planning Commission and its respective agents, officers, and
        employees (hereafter collectively called City) from any liability, damages, claim, judgment, loss (direct
        or indirect)action, causes of action, or proceeding (including legal costs, attorneys’ fees, expert witness
        or consultant fees, City Attorney or staff time, expenses or costs) (collectively called “Action”) against
        the City to attack, set aside, void or annul, (1) an approval by the City relating to a development-related
        application or subdivision or (2) implementation of an approved development-related project. The City
        may elect, in its sole discretion, to participate in the defense of said Action and the applicant shall
        reimburse the City for its reasonable legal costs and attorneys’ fees.
                                                                                                       Page 9


        b) Within ten (10) calendar days of the filing of any Action as specified in subsection A above, the
           applicant shall execute a Letter Agreement with the City, acceptable to the Office of the City Attorney,
           which memorializes the above obligations. These obligations and the Letter of Agreement shall survive
           termination, extinguishment or invalidation of the approval. Failure to timely execute the Letter
           Agreement does not relieve the applicant of any of the obligations contained in this condition or other
           requirements or conditions of approval that may be imposed by the City.

8.      Compliance with Conditions of Approval
         Ongoing
         The project applicant shall be responsible for compliance with the recommendations in any submitted
         and approved technical report and all the Conditions of Approval and all applicable adopted mitigation
         measures set forth below at its sole cost and expense, and subject to review and approval of the City of
         Oakland.

9.      Severability
          Ongoing
          Approval of the project would not have been granted but for the applicability and validity of each and
          every one of the specified conditions and/or mitigations, and if one or more of such conditions and/or
          mitigations is found to be invalid by a court of competent jurisdiction this Approval would not have
          been granted without requiring other valid conditions and/or mitigations consistent with achieving the
          same purpose and intent of such Approval.

10.     Job Site Plans
          Ongoing throughout demolition, grading, and/or construction
          At least one (1) copy of the stamped approved plans, along with the Approval Letter and Conditions of
          Approval and/or mitigations, shall be available for review at the job site at all times.

     11. Special Inspector/Inspections, Independent Technical Review, Project Coordination and
         Management
         Prior to issuance of a demolition, grading, and/or construction permit
         The project applicant may be required to pay for on-call third-party special inspector(s)/inspections as
         needed during the times of extensive or specialized plancheck review or construction. The project
         applicant may also be required to cover the full costs of independent technical review and other types of
         peer review, monitoring and inspection, including without limitation, third party plan check fees,
         including inspections of violations of Conditions of Approval. The project applicant shall establish a
         deposit with the Building Services Division, as directed by the Building Official, Director of City
         Planning or designee.

     General Landscape Conditions of Approval for all new residential
     construction or residential additions of over 500 sq. ft.
     12. Required Landscape Plan for New Construction and Certain Additions to Residential Facilities
         Prior to issuance of a building permit
         Submittal and approval of a landscape plan for the entire site is required for the establishment of a new
         residential unit (excluding secondary units of five hundred (500) square feet or less), and for additions to
         Residential Facilities of over five hundred (500) square feet. The landscape plan and the plant materials
                                                                                                    Page 10


   installed pursuant to the approved plan shall conform with all provisions of Chapter 17.124 of the Oakland
   Planning Code, including the following:
    a) Landscape plan shall include a detailed planting schedule showing the proposed location, sizes,
       quantities, and specific common botanical names of plant species.
   b) Landscape plans for projects involving grading, rear walls on downslope lots requiring conformity
       with the screening requirements in Section 17.124.040, or vegetation management prescriptions in the
       S-11 zone, shall show proposed landscape treatments for all graded areas, rear wall treatments, and
       vegetation management prescriptions.
    c) Landscape plan shall incorporate pest-resistant and drought-tolerant landscaping practices. Within the
       portions of Oakland northeast of the line formed by State Highway 13 and continued southerly by
       Interstate 580, south of its intersection with State Highway 13, all plant materials on submitted
       landscape plans shall be fire-resistant The City Planning and Zoning Division shall maintain lists of
       plant materials and landscaping practices considered pest-resistant, fire-resistant, and drought-tolerant.
   d) All landscape plans shall show proposed methods of irrigation. The methods shall ensure adequate
       irrigation of all plant materials for at least one growing season.

13. Landscape Requirements for Street Frontages.
    Prior to issuance of a final inspection of the building permit
    a) All areas between a primary Residential Facility and abutting street lines shall be fully landscaped,
       plus any unpaved areas of abutting rights-of-way of improved streets or alleys, provided, however, on
       streets without sidewalks, an unplanted strip of land five (5) feet in width shall be provided within the
       right-of-way along the edge of the pavement or face of curb, whichever is applicable. Existing plant
       materials may be incorporated into the proposed landscaping if approved by the Director of City
       Planning.
    b) In addition to the general landscaping requirements set forth in Chapter 17.124, a minimum of one (1)
       fifteen-gallon tree, or substantially equivalent landscaping consistent with city policy and as approved
       by the Director of City Planning, shall be provided for every twenty-five (25) feet of street frontage.
       On streets with sidewalks where the distance from the face of the curb to the outer edge of the
       sidewalk is at least six and one-half (6 ½) feet, the trees to be provided shall include street trees to the
       satisfaction of the Director of Parks and Recreation.

14. Assurance of Landscaping Completion.
    Prior to issuance of a final inspection of the building permit
    The trees, shrubs and landscape materials required by the conditions of approval attached to this project
    shall be planted before the certificate of occupancy will be issued; or a bond, cash, deposit, or letter of
    credit, acceptable to the City, shall be provided for the planting of the required landscaping. The amount
    of such or a bond, cash, deposit, or letter of credit shall equal the greater of two thousand five hundred
    dollars ($2,500.00) or the estimated cost of the required landscaping, based on a licensed contractor’s bid.

15. Landscape Maintenance.
    Ongoing
    All required planting shall be permanently maintained in good growing condition and, whenever
    necessary, replaced with new plant materials to ensure continued compliance with applicable landscaping
    requirements. All required fences, walls and irrigation systems shall be permanently maintained in good
    condition and, whenever necessary, repaired or replaced.
                                                                                                   Page 11



General Landscape Conditions of Approval for all new residential
construction and residential additions over 500 sq. ft. on Downslope
Lots.
16. Landscape Requirements for Downslope Lots.
    Prior to issuance of a final inspection of the building permit
    On downslope lots where the height of the rear elevation of the primary Residential Facility exceeds
    twenty-eight (28) feet, landscaping that meets the following requirements shall be planted to screen the
    rear face of the building:
    a) A minimum of one (1) fifteen-gallon tree or five (5) five-gallon shrubs, or substantially equivalent
        landscaping as approved by the Director of City Planning, shall be provided for each fifteen (15) feet
        of lot width, measured at the rear face of the residence.
    b) The landscape screening shall be elected and maintained such that it is sufficient in size within five (5)
        years of planting to screen, at a minimum, the lower ten (10) feet of the structure.

General Landscape Conditions of Approval for all new commercial
and manufacturing construction.
17. Landscape Requirements for Street Frontages.
    Prior to issuance of a final inspection of the building permit
    On streets with sidewalks where the distance from the face of the curb to the outer edge of the sidewalk is
    at least six and one-half (6 ½) feet and does not interfere with access requirements, a minimum of one (1)
    twenty-four (24) inch box tree shall be provided for every twenty-five (25) feet of street frontage, unless a
    smaller size is recommended by the City arborist. The trees to be provided shall include species acceptable
    to the Tree Services Division.

18. Landscape Maintenance.
    Ongoing
    All required planting shall be permanently maintained in good growing condition and, whenever
    necessary, replaced with new plant materials to ensure continued compliance with applicable landscaping
    requirements. All required irrigation systems shall be permanently maintained in good condition and,
    whenever necessary, repaired or replaced.
Oakland City Planning Commission                                                                               Date
Case File Number:                                                                                        Page - 12 -

Part 2: Additional General Conditions of Approval for Major
Permits (Initial Decision is by the Planning Commission and can be
appealed to City Council)


19. Underground Utilities
    Prior to issuance of a building permit
    The project applicant shall submit plans for review and approval by the Building Services Division and
    the Public Works Agency, and other relevant agencies as appropriate, that show all new electric and
    telephone facilities; fire alarm conduits; street light wiring; and other wiring, conduits, and similar
    facilities placed underground. The new facilities shall be placed underground along the project applicant’s
    street frontage and from the project applicant’s structures to the point of service. The plans shall show all
    electric, telephone, water service, fire water service, cable, and fire alarm facilities installed in accordance
    with standard specifications of the serving utilities.

20. Improvements in the Public Right-of-Way (General)
    Approved prior to the issuance of a P-job or building permit
    a) The project applicant shall submit Public Improvement Plans to Building Services Division for
       adjacent public rights-of-way (ROW) showing all proposed improvements and compliance with the
       conditions and/or mitigations and City requirements including but not limited to curbs, gutters, sewer
       laterals, storm drains, street trees, paving details, locations of transformers and other above ground
       utility structures, the design specifications and locations of facilities required by the East Bay
       Municipal Utility District (EBMUD), street lighting, on-street parking and accessibility improvements
       compliant with applicable standards and any other improvements or requirements for the project as
       provided for in this Approval. Encroachment permits shall be obtained as necessary for any applicable
       improvements- located within the public ROW.

    b) Review and confirmation of the street trees by the City’s Tree Services Division is required as part of
       this condition and/or mitigations.

    c) The Planning and Zoning Division and the Public Works Agency will review and approve designs and
       specifications for the improvements. Improvements shall be completed prior to the issuance of the final
       building permit.

    d) The Fire Services Division will review and approve fire crew and apparatus access, water supply
       availability and distribution to current codes and standards.

21. Improvements in the Public Right-of Way (Specific)
    Approved prior to the issuance of a grading or building permit
    Final building and public improvement plans submitted to the Building Services Division shall include the
    following components: Examples include:

   a) Install additional standard City of Oakland streetlights insert location.
   b) Remove and replace any existing driveway that will not be used for access to the property with new
      concrete sidewalk, curb and gutter.
   c) Reconstruct drainage facility to current City standard insert location.
   d) Provide separation between sanitary sewer and water lines to comply with current City of Oakland and
      Alameda Health Department standards.


                                                                             Conditions of Approval
                                                                                                   Page 13


   e) Construct wheelchair ramps that comply with Americans with Disability Act requirements and current
      City Standards at insert location.
   f) Remove and replace deficient concrete sidewalk, curb and gutter within property frontage insert
      location.
   g) Provide adequate fire department access and water supply, including, but not limited to currently
      adopted fire codes and standards. Insert as applicable.
   h) Insert as applicable.

22. Payment for Public Improvements
    Prior to issuance of a final inspection of the building permit.
    The project applicant shall pay for and install public improvements made necessary by the project
    including damage caused by construction activity.

23. Compliance Matrix
    Prior to issuance of a demolition, grading, or building permit
    The project applicant shall submit to the Planning and Zoning Division and the Building Services Division
    a Conditions/ Mitigation Measures compliance matrix that lists each condition of approval and/or
    mitigation measure, the City agency or division responsible for review, and how/when the project
    applicant has met or intends to meet the conditions and/or mitigations. The applicant will sign the
    Conditions of Approval attached to the approval letter and submit that with the compliance matrix for
    review and approval. The compliance matrix shall be organized per step in the plancheck/construction
    process unless another format is acceptable to the Planning and Zoning Division and the Building Services
    Division. The project applicant shall update the compliance matrix and provide it with each item
    submittal.

24. Construction Management Plan
    Prior to issuance of a demolition, grading, or building permit
    The project applicant shall submit to the Planning and Zoning Division and the Building Services Division
    for review and approval a construction management plan that identifies the conditions of approval and
    mitigation measures related to construction impacts of the project and explains how the project applicant
    will comply with these construction-related conditions of approval and mitigation measures.


These Development Standards apply to ALL projects involving 50 or more new
residential units or 50,000 sq. ft. or more of new non residential space.

25. Parking and Transportation Demand Management
    Prior to issuance of a final inspection of the building permit.
    The applicant shall submit for review and approval by the Planning and Zoning Division a Transportation
    Demand Management (TDM) plan containing strategies to reduce on-site parking demand and single
    occupancy vehicle travel. The applicant shall implement the approved TDM plan. The TDM shall include
    strategies to increase bicycle, pedestrian, transit, and carpools/vanpool use. All four modes of travel shall
    be considered. Strategies to consider include the following:
    a) Inclusion of additional bicycle parking, shower, and locker facilities that exceed the requirement
    b) Construction of bike lanes per the Bicycle Master Plan; Priority Bikeway Projects
    c) Signage and striping onsite to encourage bike safety
    d) Installation of safety elements per the Pedestrian Master Plan (such as cross walk striping, curb ramps,
        count down signals, bulb outs, etc.) to encourage convenient crossing at arterials
    e) Installation of amenities such as lighting, street trees, trash receptacles per the Pedestrian Master Plan
                                                                                            Page 14


     and any applicable streetscape plan.
f)   Direct transit sales or subsidized transit passes
g)   Guaranteed ride home program
h)   Pre-tax commuter benefits (checks)
i)   On-site car-sharing program (such as City Car Share, Zip Car, etc.)
j)   On-site carpooling program
k)   Distribution of information concerning alternative transportation options
l)   Parking spaces sold/leased separately
m)   Parking management strategies; including attendant/valet parking and shared parking spaces
Oakland City Planning Commission                                                                             Date
Case File Number:                                                                                      Page - 15 -



Part 3: Uniformly Applied Development Standards (Imposed as
Standard Conditions of Approval)

These Development Standards apply to ALL construction projects

26. Dust Control
    Prior to issuance of a demolition, grading or building permit
    During construction, the project applicant shall require the construction contractor to implement the
    following measures required as part of Bay Area Air Quality Management District’s (BAAQMD) basic
    and enhanced dust control procedures required for construction sites. These include: Insert as applicable.

        BASIC (Applies to ALL construction sites)
   a)   Water all active construction areas at least twice daily. Watering should be sufficient to prevent
        airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind
        speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible.
   b)   Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least
        two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the
        trailer).
   c)   Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
        parking areas and staging areas at construction sites.
   d)   Sweep daily (with water sweepers using reclaimed water if possible) all paved access roads, parking
        areas and staging areas at construction sites.
   e)   Sweep streets (with water sweepers using reclaimed water if possible) at the end of each day if visible
        soil material is carried onto adjacent paved roads.
   f)   Limit the amount of the disturbed area at any one time, where feasible.
   g)   Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph.
   h)   Pave all roadways, driveways, sidewalks, etc. as soon as feasible. In addition, building pads should be
        laid as soon as possible after grading unless seeding or soil binders are used.
   i)   Replant vegetation in disturbed areas as quickly as feasible.
   j)   Enclose, cover, water twice daily or apply (non-toxic) soil stabilizers to exposed stockpiles (dirt, sand,
        etc.).
   k)   Limit traffic speeds on unpaved roads to 15 miles per hour.
   l)   Clean off the tires or tracks of all trucks and equipment leaving any unpaved construction areas.

        ENHANCED (ALL "Basic" Controls listed above plus the following if the construciton site is
        greater than 4 acres)
   m)   All “Basic” controls listed above, plus:
   n)   Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
   o)   Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas
        inactive for one month or more).
   p)   Designate a person or persons to monitor the dust control program and to order increased watering, as
        necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods

                                                                            Conditions of Approval
                                                                                                   Page 16


      when work may not be in progress. The name and telephone number of such persons shall be provided
      to the BAAQMD prior to the start of construction as well as posted on-site over the duration of
      construction.
   q) Install appropriate wind breaks at the construction site to minimize wind blown dust.

27. Construction Emissions
    Prior to issuance of a demolition, grading or building permit
    To minimize construction equipment emissions during construction, the project applicant shall require the
    construction contractor to:
    a) Demonstrate compliance with Bay Area Air Quality Management District (BAAQMD) Regulation 2,
       Rule 1 (General Requirements) for all portable construction equipment subject to that rule. BAAQMD
       Regulation 2, Rule 1 provides the issuance of authorities to construct and permits to operate certain
       types of portable equipment used for construction purposes (e.g., gasoline or diesel-powered engines
       used in conjunction with power generation, pumps, compressors, and cranes) unless such equipment
       complies with all applicable requirements of the “CAPCOA” Portable Equipment Registration Rule”
       or with all applicable requirements of the Statewide Portable Equipment Registration Program. This
       exemption is provided in BAAQMD Rule 2-1-105.

   b) Perform low- NOx tune-ups on all diesel-powered construction equipment greater than 50 horsepower
      (no more than 30 days prior to the start of use of that equipment). Periodic tune-ups (every 90 days)
      shall be performed for such equipment used continuously during the construction period.

28. Days/Hours of Construction Operation
    Ongoing throughout demolition, grading, and/or construction
    The project applicant shall require construction contractors to limit standard construction activities as
    follows:
        a) Construction activities are limited to between 7:00 AM and 7:00 PM Monday through Friday,
           except that pile driving and/or other extreme noise generating activities greater than 90 dBA shall
           be limited to between 8:00 a.m. and 4:00 p.m. Monday through Friday.

       b) Any construction activity proposed to occur outside of the standard hours of 7:00 am to 7:00 pm
          Monday through Friday for special activities (such as concrete pouring which may require more
          continuous amounts of time) shall be evaluated on a case by case basis, with criteria including the
          proximity of residential uses and a consideration of resident’s preferences for whether the activity
          is acceptable if the overall duration of construction is shortened and such construction activities
          shall only be allowed with the prior written authorization of the Building Services Division.

   c) Construction activity shall not occur on Saturdays, with the following possible exceptions:

         i. Prior to the building being enclosed, requests for Saturday construction for special activities (such
            as concrete pouring which may require more continuous amounts of time), shall be evaluated on a
            case by case basis, with criteria including the proximity of residential uses and a consideration of
            resident’s preferences for whether the activity is acceptable if the overall duration of construction
            is shortened. Such construction activities shall only be allowed on Saturdays with the prior written
            authorization of the Building Services Division.

         ii. After the building is enclosed, requests for Saturday construction activities shall only be allowed
            on Saturdays with the prior written authorization of the Building Services Division, and only then
            within the interior of the building with the doors and windows closed.

       d) No extreme noise generating activities (greater than 90 dBA) shall be allowed on Saturdays, with
          no exceptions.
                                                                                                   Page 17



       e) No construction activity shall take place on Sundays or Federal holidays.

       f)   Construction activities include but are not limited to: truck idling, moving equipment (including
            trucks, elevators, etc) or materials, deliveries, and construction meetings held on-site in a non-
            enclosed area.

       g) Applicant shall use temporary power poles instead of generators where feasible.

29. Noise Control
    Ongoing throughout demolition, grading, and/or construction
    To reduce noise impacts due to construction, the project applicant shall require construction contractors to
    implement a site-specific noise reduction program, subject to the Planning and Zoning Division and the
    Building Services Division review and approval, which includes the following measures:
       a) Equipment and trucks used for project construction shall utilize the best available noise control
           techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine
           enclosures and acoustically-attenuating shields or shrouds, wherever feasible).
       b) Except as provided herein, Impact tools (e.g., jack hammers, pavement breakers, and rock drills)
           used for project construction shall be hydraulically or electrically powered to avoid noise
           associated with compressed air exhaust from pneumatically powered tools. However, where use of
           pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used;
           this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the
           tools themselves shall be used, if such jackets are commercially available and this could achieve a
           reduction of 5 dBA. Quieter procedures shall be used, such as drills rather than impact equipment,
           whenever such procedures are available and consistent with construction procedures.
       c) Stationary noise sources shall be located as far from adjacent receptors as possible, and they shall
           be muffled and enclosed within temporary sheds, incorporate insulation barriers, or use other
           measures as determined by the City to provide equivalent noise reduction.
       d) The noisiest phases of construction shall be limited to less than 10 days at a time. Exceptions may
           be allowed if the City determines an extension is necessary and all available noise reduction
           controls are implemented.

30. Noise Complaint Procedures
    Ongoing throughout demolition, grading, and/or construction
    Prior to the issuance of each building permit, along with the submission of construction documents, the
    project applicant shall submit to the Building Services Division a list of measures to respond to and track
    complaints pertaining to construction noise. These measures shall include:
        a) A procedure and phone numbers for notifying the Building Services Division staff and Oakland
            Police Department; (during regular construction hours and off-hours);
        b) A sign posted on-site pertaining with permitted construction days and hours and complaint
            procedures and who to notify in the event of a problem. The sign shall also include a listing of both
            the City and construction contractor’s telephone numbers (during regular construction hours and
            off-hours);
        c) The designation of an on-site construction complaint and enforcement manager for the project;
        d) Notification of neighbors and occupants within 300 feet of the project construction area at least 30
            days in advance of extreme noise generating activities about the estimated duration of the activity;
            and
                                                                                                     Page 18


       e) A preconstruction meeting shall be held with the job inspectors and the general contractor/on-site
           project manager to confirm that noise measures and practices (including construction hours,
           neighborhood notification, posted signs, etc.) are completed.

31. Interior Noise
    Prior to issuance of a building permit and Certificate of Occupancy
    If necessary to comply with the interior noise requirements of the City of Oakland’s General Plan Noise
    Element and achieve an acceptable interior noise level, noise reduction in the form of sound-rated
    assemblies (i.e., windows, exterior doors, and walls), and/or other appropriate features/measures, shall be
    incorporated into project building design, based upon recommendations of a qualified acoustical engineer
    and submitted to the Building Services Division for review and approval prior to issuance of building
    permit. Final recommendations for sound-rated assemblies, and/or other appropriate features/measures,
    will depend on the specific building designs and layout of buildings on the site and shall be determined
    during the design phases. Written confirmation by the acoustical consultant, HVAC or HERS specialist,
    shall be submitted for City review and approval, prior to Certificate of Occupancy (or equivalent) that:
        (a) Quality control was exercised during construction to ensure all air-gaps and penetrations of the
            building shell are controlled and sealed; and
        (b) Demonstrates compliance with interior noise standards based upon performance testing of a sample
            unit.
        (c) Inclusion of a Statement of Disclosure Notice in the CC&R’s on the lease or title to all new
            tenants or owners of the units acknowledging the noise generating activity and the single event
            noise occurrences. Potential features/measures to reduce interior noise could include, but are not
            limited to, the following:
            i. Installation of an alternative form of ventilation in all units identified in the acoustical analysis
                as not being able to meet the interior noise requirements due to adjacency to a noise generating
                activity, filtration of ambient make-up air in each unit and analysis of ventilation noise if
                ventilation is included in the recommendations by the acoustical analysis.
            ii. Prohibition of Z-duct construction.

32. Operational Noise-General
    Ongoing.
    Noise levels from the activity, property, or any mechanical equipment on site shall comply with the
    performance standards of Section 17.120 of the Oakland Planning Code and Section 8.18 of the Oakland
    Municipal Code. If noise levels exceed these standards, the activity causing the noise shall be abated until
    appropriate noise reduction measures have been installed and compliance verified by the Planning and
    Zoning Division and Building Services.

33. Construction Traffic and Parking
    Prior to the issuance of a demolition, grading or building permit
    The project applicant and construction contractor shall meet with appropriate City of Oakland agencies to
    determine traffic management strategies to reduce, to the maximum extent feasible, traffic congestion and
    the effects of parking demand by construction workers during construction of this project and other nearby
    projects that could be simultaneously under construction. The project applicant shall develop a
    construction management plan for review and approval by the Planning and Zoning Division, the Building
    Services Division, and the Transportation Services Division. The plan shall include at least the following
    items and requirements:
                                                                                                   Page 19


   a) A set of comprehensive traffic control measures, including scheduling of major truck trips and
      deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for
      drivers, and designated construction access routes.
   b) Notification procedures for adjacent property owners and public safety personnel regarding when
      major deliveries, detours, and lane closures will occur.
   c) Location of construction staging areas for materials, equipment, and vehicles at an approved location.
   d) A process for responding to, and tracking, complaints pertaining to construction activity, including
      identification of an onsite complaint manager. The manager shall determine the cause of the
      complaints and shall take prompt action to correct the problem. Planning and Zoning shall be informed
      who the Manager is prior to the issuance of the first permit issued by Building Services.
   e) Provision for accommodation of pedestrian flow.

        Major Project Cases:
   f)   Provision for parking management and spaces for all construction workers to ensure that construction
        workers do not park in on-street spaces or insert name of street..
   g)   Any damage to the street caused by heavy equipment, or as a result of this construction, shall be
        repaired, at the applicant's expense, within one week of the occurrence of the damage (or excessive
        wear), unless further damage/excessive wear may continue; in such case, repair shall occur prior to
        issuance of a final inspection of the building permit. All damage that is a threat to public health or
        safety shall be repaired immediately. The street shall be restored to its condition prior to the new
        construction as established by the City Building Inspector and/or photo documentation, at the
        applicant's expense, before the issuance of a Certificate of Occupancy.
   h)   Any heavy equipment brought to the construction site shall be transported by truck, where feasible.
   i)   No materials or equipment shall be stored on the traveled roadway at any time.
   j)   Prior to construction, a portable toilet facility and a debris box shall be installed on the site, and
        properly maintained through project completion.
   k)   All equipment shall be equipped with mufflers.
   l)   Prior to the end of each work day during construction, the contractor or contractors shall pick up and
        properly dispose of all litter resulting from or related to the project, whether located on the property,
        within the public rights-of-way, or properties of adjacent or nearby neighbors.

34. Erosion and Sedimentation Control [When no grading permit is required.]
    Ongoing throughout demolition grading, and/or construction activities
    The project applicant shall implement Best Management Practices (BMPs) to reduce erosion,
    sedimentation, and water quality impacts during construction to the maximum extent practicable. Plans
    demonstrating the Best Management Practices shall be submitted for review and approval by the Planning
    and Zoning Division and the Building Services Division. At a minimum, the project applicant shall
    provide filter materials deemed acceptable to the City at nearby catch basins to prevent any debris and dirt
    from flowing into the City’s storm drain system and creeks.

35. Hazards Best Management Practices
    Prior to commencement of demolition, grading, or construction
    The project applicant and construction contractor shall ensure that construction of Best Management
    Practices (BMPs) are implemented as part of construction to minimize the potential negative effects to
    groundwater and soils. These shall include the following:
                                                                                                  Page 20


   a) Follow manufacture’s recommendations on use, storage, and disposal of chemical products used in
      construction;
   b) Avoid overtopping construction equipment fuel gas tanks;
   c) During routine maintenance of construction equipment, properly contain and remove grease and oils;
   d) Properly dispose of discarded containers of fuels and other chemicals.
   e) Ensure that construction would not have a significant impact on the environment or pose a substantial
      health risk to construction workers and the occupants of the proposed development. Soil sampling and
      chemical analyses of samples shall be performed to determine the extent of potential contamination
      beneath all UST’s, elevator shafts, clarifiers, and subsurface hydraulic lifts when on-site demolition, or
      construction activities would potentially affect a particular development or building.
   f) If soil, groundwater or other environmental medium with suspected contamination is encountered
      unexpectedly during construction activities (e.g., identified by odor or visual staining, or if any
      underground storage tanks, abandoned drums or other hazardous materials or wastes are encountered),
      the applicant shall cease work in the vicinity of the suspect material, the area shall be secured as
      necessary, and the applicant shall take all appropriate measures to protect human health and the
      environment. Appropriate measures shall include notification of regulatory agency(ies) and
      implementation of the actions described in the City’s Standard Conditions of Approval, as necessary,
      to identify the nature and extent of contamination. Work shall not resume in the area(s) affected until
      the measures have been implemented under the oversight of the City or regulatory agency, as
      appropriate.

36. Waste Reduction and Recycling
    The project applicant will submit a Construction & Demolition Waste Reduction and Recycling Plan
    (WRRP) and an Operational Diversion Plan (ODP) for review and approval by the Public Works Agency.

    Prior to issuance of demolition, grading, or building permit
   Chapter 15.34 of the Oakland Municipal Code outlines requirements for reducing waste and optimizing
   construction and demolition (C&D) recycling. Affected projects include all new construction,
   renovations/alterations/modifications with construction values of $50,000 or more (except R-3), and all
   demolition (including soft demo).The WRRP must specify the methods by which the development will
   divert C&D debris waste generated by the proposed project from landfill disposal in accordance with
   current City requirements. Current standards, FAQs, and forms are available at
   www.oaklandpw.com/Page39.aspx or in the Green Building Resource Center. After approval of the plan,
   the project applicant shall implement the plan.
   Ongoing
   The ODP will identify how the project complies with the Recycling Space Allocation Ordinance, (Chapter
   17.118 of the Oakland Municipal Code), including capacity calculations, and specify the methods by
   which the development will meet the current diversion of solid waste generated by operation of the
   proposed project from landfill disposal in accordance with current City requirements. The proposed
   program shall be in implemented and maintained for the duration of the proposed activity or facility.
   Changes to the plan may be re-submitted to the Environmental Services Division of the Public Works
   Agency for review and approval. Any incentive programs shall remain fully operational as long as
   residents and businesses exist at the project site.
                                                                                                  Page 21


This Development Standard applies to ALL projects that require a Mitigation
Monitoring Program.

37. Standard Conditions of Approval/Mitigation Monitoring and Reporting Program (SCAMMRP)
    Ongoing
    All mitigation measures identified in the insert the name of the EIR/MND are included in the Standard
    Condition of Approval and Mitigation Monitoring Program (SCAMMRP) which is included in these
    conditions of approval and are incorporated herein by reference, as Attachment attachment letter as
    conditions of approval of the project. The Standard Conditions of Approval identified in the insert the
    name of the EIR/MND are also included in the SCAMMRP, and are therefore, not repeated in these
    conditions of approval. To the extent that there is any inconsistency between the SCAMMRP and these
    conditions, the more restrictive conditions shall govern. The project sponsor (also referred to as the
    Developer or Applicant) shall be responsible for compliance with the recommendation in any submitted
    and approved technical reports, all applicable mitigation measures adopted and with all conditions of
    approval set forth herein at its sole cost and expense, unless otherwise expressly provided in a specific
    mitigation measure or condition of approval, and subject to the review and approval of the City of
    Oakland. The SCAMMRP identifies the time frame and responsible party for implementation and
    monitoring for each mitigation measure. Overall monitoring and compliance with the mitigation measures
    will be the responsibility of the Planning and Zoning Division. Adoption of the SCAMMRP will
    constitute fulfillment of the CEQA monitoring and/or reporting requirement set forth in Section 21081.6
    of CEQA. Prior to the issuance of a demolition, grading, and/or construction permit, the project sponsor
    shall pay the applicable mitigation and monitoring fee to the City in accordance with the City’s Master
    Fee Schedule.

These Development Standards apply to ALL residential projects that are located
adjacent to an active rail ine.

38. Vibration
    Prior to issuance of a building permit
     A qualified acoustical consultant shall be retained by the project applicant during the design phase of the
    project to comment on structural design as it relates to reducing groundborne vibration at the project site.
    If required in order to reduce groundborne vibration to acceptable levels (insert FTA vibration
    standards applicable to the project. This information is located in the CEQA Thresholds, page 13,
    Table 3), the project applicant shall incorporate special building methods to reduce groundborne vibration
    being transmitted into project structures. The City shall review and approve the recommendations of the
    acoustical consultant and the plans implementing such recommendations. Applicant shall implement the
    approved plans. Potential methods include the following:
    a) Isolation of foundation and footings using resilient elements such as rubber bearing pads or springs,
       such as a “spring isolation” system that consists of resilient spring supports that can support the
       podium or residential foundations. The specific system shall be selected so that it can properly support
       the structural loads, and provide adequate filtering of ground-borne vibration to the residences above.
    b) Trenching, which involves excavating soil between the railway/freeway and the project so that the
       vibration path is interrupted, thereby reducing the vibration levels before they enter the project’s
       structures. Since the reduction in vibration level is based on a ratio between trench depth and vibration
       wavelength, additional measurements shall be conducted to determine the vibration wavelengths
       affecting the project. Based on the resulting measurement findings, an adequate trench depth and, if
                                                                                                   Page 22


       required, suitable fill shall be identified (such as foamed styrene packing pellets (i.e., Styrofoam) or
       low-density polyethylene).

These Development Standards apply to ALL projects that involve pile driving or other
extreme noise generation greater than 90 dba.

39. Pile Driving and Other Extreme Noise Generators
     Ongoing throughout demolition, grading, and/or construction
    To further reduce potential pier drilling, pile driving and/or other extreme noise generating construction
    impacts greater than 90dBA, a set of site-specific noise attenuation measures shall be completed under the
    supervision of a qualified acoustical consultant. Prior to commencing construction, a plan for such
    measures shall be submitted for review and approval by the Planning and Zoning Division and the
    Building Services Division to ensure that maximum feasible noise attenuation will be achieved. This plan
    shall be based on the final design of the project. A third-party peer review, paid for by the project
    applicant, may be required to assist the City in evaluating the feasibility and effectiveness of the noise
    reduction plan submitted by the project applicant. The criterion for approving the plan shall be a
    determination that maximum feasible noise attenuation will be achieved. A special inspection deposit is
    required to ensure compliance with the noise reduction plan. The amount of the deposit shall be
    determined by the Building Official, and the deposit shall be submitted by the project applicant concurrent
    with submittal of the noise reduction plan. The noise reduction plan shall include, but not be limited to, an
    evaluation of implementing the following measures. These attenuation measures shall include as many of
    the following control strategies as applicable to the site and construction activity:
        a) Erect temporary plywood noise barriers around the construction site, particularly along on sites
            adjacent to residential buildings;
        b) Implement “quiet” pile driving technology (such as pre-drilling of piles, the use of more than one
            pile driver to shorten the total pile driving duration), where feasible, in consideration of
            geotechnical and structural requirements and conditions;
        c) Utilize noise control blankets on the building structure as the building is erected to reduce noise
            emission from the site;
        d) Evaluate the feasibility of noise control at the receivers by temporarily improving the noise
            reduction capability of adjacent buildings by the use of sound blankets for example and implement
            such measure if such measures are feasible and would noticeably reduce noise impacts; and
        e) Monitor the effectiveness of noise attenuation measures by taking noise measurements.

These Development Standards apply to ALL construction projects that will have new
exterior lighting.

40. Lighting Plan
    Prior to the issuance of an electrical or building permit
    The proposed lighting fixtures shall be adequately shielded to a point below the light bulb and reflector
    and that prevent unnecessary glare onto adjacent properties. Plans shall be submitted to the Planning and
    Zoning Division and the Electrical Services Division of the Public Works Agency for review and
    approval. All lighting shall be architecturally integrated into the site.
                                                                                                Page 23


These Development Standards apply to projects with Asbestos in Structures.
41. Asbestos Removal in Structures
    Prior to issuance of a demolition permit
    If asbestos-containing materials (ACM) are found to be present in building materials to be removed,
    demolition and disposal, the project applicant shall submit specifications signed by a certified asbestos
    consultant for the removal, encapsulation, or enclosure of the identified ACM in accordance with all
    applicable laws and regulations, including but not necessarily limited to: California Code of Regulations,
    Title 8; Business and Professions Code; Division 3; California Health & Safety Code 25915-25919.7; and
    Bay Area Air Quality Management District, Regulation 11, Rule 2, as may be amended.

These Development Standards apply to ALL construction projects that are located on
naturally occuring asbestos, serpentine soils and/or ultramafic rock (generally above
Highway 13 between Shepard Canyon Rd. and Keller Ave.; See map on the L Drive)

42. Asbestos Removal in Soil
    Prior to issuance of a demolition, grading, or building permit
    To minimize the release of naturally occurring asbestos in the soil during construction, the project
    applicant shall require the construction contractor to demonstrate compliance with Bay Area Air Quality
    Management District’s (BAAQMD) Asbestos Airborne Toxic Control Measures for Construction,
    Grading, Quarrying and Surface Mining Operations (implementing CCR section 93105) for activities that
    disturb the soil, such as grading, etc. Include the appropriate condition/requirments depending on site
    area below.

    A. Minimum Requirements where area to be disturbed with Construction Grading Operations is 1
    acre or less
       Administrative Requirements
       a) No notification is required to the BAAQMD office; unless
       b) Upon discovery of naturally occurring asbestos, serpentine, or ultramafic rock the project applicant
          must notify the BAAQMD’s Air Pollution Control Officer (APCO) by the next business day.

       Dust Control Requirements
       a) Vehicle speed shall be ≤ 15 mph
       b) Sufficient water shall be applied to the area prior to disturbance to prevent visible emissions from
          crossing project boundaries.
       c) Areas to be graded or excavated shall be kept adequately wetted to prevent visible emissions from
          crossing project boundaries.
       d) Storage piles kept shall be adequately wetted, treated with dust suppressant, or covered when the
          material is not being added or removed.
       e) Equipment must be washed down before moving from the property onto the paved roadway.
       f) Visible track-out on paved public road must be cleaned using wet sweeping or High Efficiency
          Particulate Air (HEPA) filter equipped vacuum device within 24 hours.
       g) Implement the preceding dust control measures within 24 hours upon discovery of naturally
          occurring asbestos, serpentine, or ultramafic rock.
                                                                                                   Page 24


B. Minimum Requirements where area to be disturbed with Construction Operations is More than 1
acre
      Administrative (Prior to the start of work)
      a) Asbestos Dust Minimization Plan shall be submitted to BAAQMD and approved prior to engaging
         in the any construction or grading operation.
      b) The Asbestos Dust Minimization Plan provisions shall be implemented at the beginning and
         maintained throughout the duration of the construction or grading activity.
      Dust Control Requirements
      The Asbestos Dust Minimization Plan shall include one or more provisions to address the following
      topics:
      a) Control for traffic on on-site unpaved roads, parking lots, and staging areas shall include: limiting
         vehicle speed to less than 15 mph, and one or more of the following: watering every two hours of
         active operations or sufficiently often to keep area wetted; applying chemical dust suppressants to
         consistent with manufacturer’s directions; maintaining gravel cover with a silt content less than 5%
         and asbestos content less than .25% as determined using the asbestos bulk test method; or any other
         measure as effective as those listed above.
      b) Control for earthmoving activities shall include one or more of the following: pre-wetting the
         ground to the depth of the anticipated cuts; suspending grading operations when wind speeds are
         high enough to result in dust emissions crossing the property line despite applicable of dust
         measures; application of water prior to any land clearing; or any other measure as effective.
      c) Storage piles shall be kept adequately wetted or covered with tarps when the material is not being
         added or removed.
      d) Storage piles must be stabilized when inactive for more than 7 days by implementing one or more
         of the following: adequately wetting the site, establishing and maintaining surface crusting material,
         chemical dust suppressant or stabilizer, covering with tarps or vegetative cover, installation of wind
         barriers of 50% porosity around three sides of the pile areas, or any measure as effective.
      e) Equipment must be washed down before moving from the property onto paved roadway.
         Track-out prevention and control measures shall include:
          i. Removal of visible track-out on paved public road at any location where vehicles exit the work
              site using wet sweeping or High Efficiency Particulate Air (HEPA) filter equipped vacuum
              device at least one time per day.
         ii. Installation of one or more of the following track-out prevention devices: gravel pad, tire
              shaker, wheel wash system, not less than 50 feet of pavement extending from intersection with
              paved public road, or other measure as effective.
      f) Control for offsite-transport shall include the following: maintenance of trucks such that no spillage
         can occur from holes or openings in cargo compartments; loads are adequately wetted; and either
         covered with tarps or loaded such that the material does not touch the front, back, or sides of the
         cargo compartment at any point less than 6” from the top and that at no point of the load extends
         above the top of the cargo compartment.
      g) Post project stabilization of disturbed surfaces shall occur using one or more of the following:
         establishing vegetative cover; placement of at least 3” of non-asbestos-containing material, paving,
         or other measure deemed sufficient to prevent 10 mph winds from causing visible emissions.

       Administrative (After completion of work)
       a) If required by the BAAQMD’s APCO, the plan must include an air-monitoring component which
          shall specify the following: type of air sampling device; siting of the device; sampling of the device;
          sampling duration and frequency; and analytical method.
                                                                                                     Page 25


       b) The plan shall state the frequency with which the information will be reported to BAAQMD.
       c) The owner/operator shall keep maintain the following records for at least 7 years following
          completion of the project: results of any required air monitoring; documentation for any geologic
          evaluation conducted for the purposes of obtaining an exemption; and results of any bulk sampling
          conducted by the owner/operator to document applicability done or at the request of APCO.

These Development Standards apply to ALL projects that require a removal of any
unprotected tree.

43. Tree Removal Permit on Creekside Properties
    Prior to issuance of a final inspection of the building permit
    Prior to removal of any tree located on the project site which is identified as a creekside property, the
    project applicant must secure the applicable creek protection permit, and abide by the conditions of that
    permit.

44. Tree Removal During Breeding Season
    Prior to issuance of a tree removal permit
    To the extent feasible, removal of any tree and/or other vegetation suitable for nesting of raptors shall not
    occur during the breeding season of March 15 and August 15. If tree removal must occur during the
    breeding season, all sites shall be surveyed by a qualified biologist to verify the presence or absence of
    nesting raptors or other birds. Pre-removal surveys shall be conducted within 15 days prior to start of work
    from March 15 through May 31, and within 30 days prior to the start of work from June 1 through August
    15. The pre-removal surveys shall be submitted to the Planning and Zoning Division and the Tree
    Services Division of the Public Works Agency. If the survey indicates the potential presences of nesting
    raptors or other birds, the biologist shall determine an appropriately sized buffer around the nest in which
    no work will be allowed until the young have successfully fledged. The size of the nest buffer will be
    determined by the biologist in consultation with the CDFG, and will be based to a large extent on the
    nesting species and its sensitivity to disturbance. In general, buffer sizes of 200 feet for raptors and 50 feet
    for other birds should suffice to prevent disturbance to birds nesting in the urban environment, but these
    buffers may be increased or decreased, as appropriate, depending on the bird species and the level of
    disturbance anticipated near the nest.

These Development Standards apply to ALL projects that involve a Tree
Protection/Removal Permit for removal of a protected tree.

45. Tree Removal Permit
    Prior to issuance of a demolition, grading, or building permit
    Prior to removal of any protected trees, per the Protected Tree Ordinance, located on the project site or in
    the public right-of-way adjacent to the project, the project applicant must secure a tree removal permit
    from the Tree Division of the Public Works Agency, and abide by the conditions of that permit.

46. Tree Replacement Plantings
    Prior to issuance of a final inspection of the building permit
    Replacement plantings shall be required for erosion control, groundwater replenishment, visual screening
    and wildlife habitat, and in order to prevent excessive loss of shade, in accordance with the following
    criteria:
                                                                                                   Page 26


   a) No tree replacement shall be required for the removal of nonnative species, for the removal of trees
      which is required for the benefit of remaining trees, or where insufficient planting area exists for a
      mature tree of the species being considered.
   b) Replacement tree species shall consist of Sequoia sempervirens (Coast Redwood), Quercus agrifolia
      (Coast Live Oak), Arbutus menziesii (Madrone), Aesculus californica (California Buckeye) or
      Umbellularia californica (California Bay Laurel) or other tree species acceptable to the Tree Services
      Division.
   c) Replacement trees shall be at least of twenty-four (24) inch box size, unless a smaller size is
      recommended by the arborist, except that three fifteen (15) gallon size trees may be substituted for
      each twenty-four (24) inch box size tree where appropriate.
   d) Minimum planting areas must be available on site as follows:
      i. For Sequoia sempervirens, three hundred fifteen square feet per tree;
      ii. For all other species listed in #2 above, seven hundred (700) square feet per tree.
   e) In the event that replacement trees are required but cannot be planted due to site constraints, an in lieu
      fee as determined by the master fee schedule of the city may be substituted for required replacement
      plantings, with all such revenues applied toward tree planting in city parks, streets and medians.
   f) Plantings shall be installed prior to the issuance of a final inspection of the building permit, subject to
      seasonal constraints, and shall be maintained by the project applicant until established. The Tree
      Reviewer of the Tree Division of the Public Works Agency may require a landscape plan showing the
      replacement planting and the method of irrigation. Any replacement planting which fails to become
      established within one year of planting shall be replanted at the project applicant’s expense.

These Development Standards apply to ALL projects that involve a Tree
Protection/Removal Permit because a protected tree is located within 10' of construction.
47. Tree Protection During Construction
    Prior to issuance of a demolition, grading, or building permit
    Adequate protection shall be provided during the construction period for any trees which are to remain
    standing, including the following, plus any recommendations of an arborist:

   a) Before the start of any clearing, excavation, construction or other work on the site, every protected tree
      deemed to be potentially endangered by said site work shall be securely fenced off at a distance from
      the base of the tree to be determined by the City Tree Reviewer. Such fences shall remain in place for
      duration of all such work. All trees to be removed shall be clearly marked. A scheme shall be
      established for the removal and disposal of logs, brush, earth and other debris which will avoid injury
      to any protected tree.
   b) Where proposed development or other site work is to encroach upon the protected perimeter of any
      protected tree, special measures shall be incorporated to allow the roots to breathe and obtain water
      and nutrients. Any excavation, cutting, filing, or compaction of the existing ground surface within the
      protected perimeter shall be minimized. No change in existing ground level shall occur within a
      distance to be determined by the City Tree Reviewer from the base of any protected tree at any time.
      No burning or use of equipment with an open flame shall occur near or within the protected perimeter
      of any protected tree.
   c) No storage or dumping of oil, gas, chemicals, or other substances that may be harmful to trees shall
      occur within the distance to be determined by the Tree Reviewer from the base of any protected trees,
                                                                                                  Page 27


      or any other location on the site from which such substances might enter the protected perimeter. No
      heavy construction equipment or construction materials shall be operated or stored within a distance
      from the base of any protected trees to be determined by the tree reviewer. Wires, ropes, or other
      devices shall not be attached to any protected tree, except as needed for support of the tree. No sign,
      other than a tag showing the botanical classification, shall be attached to any protected tree.
   d) Periodically during construction, the leaves of protected trees shall be thoroughly sprayed with water
      to prevent buildup of dust and other pollution that would inhibit leaf transpiration.
   e) If any damage to a protected tree should occur during or as a result of work on the site, the project
      applicant shall immediately notify the Public Works Agency of such damage. If, in the professional
      opinion of the Tree Reviewer, such tree cannot be preserved in a healthy state, the Tree Reviewer shall
      require replacement of any tree removed with another tree or trees on the same site deemed adequate
      by the Tree Reviewer to compensate for the loss of the tree that is removed.
   f) All debris created as a result of any tree removal work shall be removed by the project applicant from
      the property within two weeks of debris creation, and such debris shall be properly disposed of by the
      project applicant in accordance with all applicable laws, ordinances, and regulations.

These Development Standards apply to ALL projects that are located within the
Alameda Whipsnake Habitat as mapped by the California Department of Fish and
Game (CDFG) and confirmed as habitat by the biological report. Generally located in
the northwestern portion of the City limits. This area (in Oakland) in bounded by the
Alameda/Contra Costa border to the north, Oakland/Berkeley border to the west, Snake
Road to the east, and above Tunnel Road/Highway 13. (***NOTE: PRESENCE OF
HABITAT PRECLUDES USE OF THE IN-FILL EXEMPTION (SECTION 15332) AS
THE SITE MUST HAVE “NO VALUE AS HABITAT)***.

48. Whipsnake Habitat, Biological Monitor
    Prior to issuance of a demolition, grading, or building permit and ongoing throughout demolition,
    grading, and/or construction
    If the project is located within confirmed Alameda Whipsnake Habitat area, the project applicant shall hire
    an on-site biological monitor who is qualified to identify Alameda Whipsnakes. The on-site biological
    monitor shall instruct the project superintendent and the construction crews (primarily the clearing,
    demolition and foundation crews) of the potential presence, status and identification of Alameda
    Whipsnakes. The biological monitor shall also provide information to the Planning and Zoning Division
    on the steps to take if a whipsnake is seen on the project site, including who to contact, to ensure that
    whipsnakes are not harmed or killed, as regulation by the federal Endangered Species Act.

49. Whipsnake Habitat, Placement of Debris
    Prior to issuance of a demolition, grading, or building permit and throughout construction
    If the project is located within confirmed Alameda Whipsnake Habitat area, the project applicant shall
    ensure that the placement of construction debris is limited to the area immediate adjacent to the foundation
    of the proposed buildings or and to the area between the foundation and the street. Install flexible
    construction fencing at the limit of work line (approximately ten feet beyond the foundation of the proposed
    building other than in the direction of the street). Such construction fencing shall limit the placement of
    construction materials and construction debris to inside the fencing.
                                                                                                     Page 28


50. Whipsnake Habitat, Barrier Fence
    Prior to issuance of a demolition, grading, or building permit and throughout construction
    If the project is located within confirmed Alameda Whipsnake Habitat area, the project applicant shall install
    a solid fence along the real limit of construction line, and for a distance of insert distance perpendicular to
    the real line, to prevent whipsnakes from entering the work site. The snake barrier shall be constructed as
    follows and shall remain in place throughout the entire construction period:
    a) Plywood sheets at least three feet in height;
    b) Buried four foot, six inches into the ground
    c) Soil back-filled against the plywood fence to create a solid barrier at the ground;
    d) Plywood sheets maintained in an upright position with wooden or masonry stakes;
    e) Ends of each plywood sheet overlapped to ensure a continuous barrier.

51. Whipsnake Habitat, Downsloping Lots
    Prior to issuance of a demolition, grading, or building permit and throughout construction
    If the project is located within confirmed Alameda Whipsnake Habitat area, the project applicant shall install
    erosion control devices, such as hay bales, at the downhill limit of construction line to prevent rocks and soil
    from moving downhill.

These Development Standards apply to ALL projects that involve a Grading Permit.

52. Archaeological Resources
    Ongoing throughout demolition, grading, and/or construction
    a) Pursuant to CEQA Guidelines section 15064.5 (f), “provisions for historical or unique archaeological
       resources accidentally discovered during construction” should be instituted. Therefore, in the event that
       any prehistoric or historic subsurface cultural resources are discovered during ground disturbing
       activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead
       agency shall consult with a qualified archaeologist or paleontologist to assess the significance of the
       find. If any find is determined to be significant, representatives of the project proponent and/or lead
       agency and the qualified archaeologist would meet to determine the appropriate avoidance measures or
       other appropriate measure, with the ultimate determination to be made by the City of Oakland. All
       significant cultural materials recovered shall be subject to scientific analysis, professional museum
       curation, and a report prepared by the qualified archaeologist according to current professional
       standards.

   b) In considering any suggested measure proposed by the consulting archaeologist in order to mitigate
      impacts to historical resources or unique archaeological resources, the project applicant shall determine
      whether avoidance is necessary and feasible in light of factors such as the nature of the find, project
      design, costs, and other considerations. If avoidance is unnecessary or infeasible, other appropriate
      measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site
      while measure for historical resources or unique archaeological resources is carried out.

   c) Should an archaeological artifact or feature be discovered on-site during project construction, all
      activities within a 50-foot radius of the find would be halted until the findings can be fully investigated
      by a qualified archaeologist to evaluate the find and assess the significance of the find according to the
      CEQA definition of a historical or unique archaeological resource. If the deposit is determined to be
      significant, the project applicant and the qualified archaeologist shall meet to determine the appropriate
                                                                                                    Page 29


       avoidance measures or other appropriate measure, subject to approval by the City of Oakland, which
       shall assure implementation of appropriate measure measures recommended by the archaeologist.
       Should archaeologically-significant materials be recovered, the qualified archaeologist shall
       recommend appropriate analysis and treatment, and shall prepare a report on the findings for submittal
       to the Northwest Information Center.

53. Human Remains
    Ongoing throughout demolition, grading, and/or construction
    In the event that human skeletal remains are uncovered at the project site during construction or ground-
    breaking activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to
    evaluate the remains, and following the procedures and protocols pursuant to Section 15064.5 (e)(1) of the
    CEQA Guidelines. If the County Coroner determines that the remains are Native American, the City shall
    contact the California Native American Heritage Commission (NAHC), pursuant to subdivision (c) of
    Section 7050.5 of the Health and Safety Code, and all excavation and site preparation activities shall cease
    within a 50-foot radius of the find until appropriate arrangements are made. If the agencies determine that
    avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe
    required to resume construction activities. Monitoring, data recovery, determination of significance and
    avoidance measures (if applicable) shall be completed expeditiously.

54. Paleontological Resources
    Ongoing throughout demolition, grading, and/or construction
    In the event of an unanticipated discovery of a paleontological resource during construction, excavations
    within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a
    qualified paleontologist (per Society of Vertebrate Paleontology standards (SVP 1995,1996)). The
    qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and
    assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine
    procedures that would be followed before construction is allowed to resume at the location of the find. If
    the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for
    mitigating the effect of the project on the qualities that make the resource important, and such plan shall
    be implemented. The plan shall be submitted to the City for review and approval.

These Development Standards apply to ALL projects that require a Grading Permit,
except for projects that involve contruction on slopes that exceed 20%. (See other
Erosion and Sedimentation Control Plan.

55. Erosion and Sedimentation Control Plan
    Prior to any grading activities
    a) The project applicant shall obtain a grading permit if required by the Oakland Grading Regulations
       pursuant to Section 15.04.660 of the Oakland Municipal Code. The grading permit application shall
       include an erosion and sedimentation control plan for review and approval by the Building Services
       Division. The erosion and sedimentation control plan shall include all necessary measures to be taken
       to prevent excessive stormwater runoff or carrying by stormwater runoff of solid materials on to lands
       of adjacent property owners, public streets, or to creeks as a result of conditions created by grading
       operations. The plan shall include, but not be limited to, such measures as short-term erosion control
       planting, waterproof slope covering, check dams, interceptor ditches, benches, storm drains,
       dissipation structures, diversion dikes, retarding berms and barriers, devices to trap, store and filter out
       sediment, and stormwater retention basins. Off-site work by the project applicant may be necessary.
                                                                                                   Page 30


       The project applicant shall obtain permission or easements necessary for off-site work. There shall be a
       clear notation that the plan is subject to changes as changing conditions occur. Calculations of
       anticipated stormwater runoff and sediment volumes shall be included, if required by the Director of
       Development or designee. The plan shall specify that, after construction is complete, the project
       applicant shall ensure that the storm drain system shall be inspected and that the project applicant shall
       clear the system of any debris or sediment.

   Ongoing throughout grading and construction activities
   b) The project applicant shall implement the approved erosion and sedimentation plan. No grading shall
      occur during the wet weather season (October 15 through April 15) unless specifically authorized in
      writing by the Building Services Division.

These Development Standards apply to ALL projects that propose demolition of a
potentially designated historic structure (PDHP) OR a CEQA Historic Resource .

56. Compliance with Policy 3.7 of the Historic Preservation Element (Property Relocation Rather than
    Demolition)
    Prior to issuance of a demolition permit
    The project applicant shall make a good faith effort to relocate the building located at insert project
    location to a site acceptable to the Planning and Zoning Division and the Oakland Cultural Heritage
    Survey. Good faith efforts include, at a minimum, the following:

   a) Advertising the availability of the building by: (1) posting of large visible signs (such as banners, at a
      minimum of 3’x 6’ size or larger) at the site; (2) placement of advertisements in Bay Area news media
      acceptable to the City ;and (3) contacting neighborhood associations and for-profit and not-for-profit
      housing and preservation organizations;

   b) Maintaining a log of all the good faith efforts and submitting that along with photos of the subject
      building showing the large signs (banners) to the Planning and Zoning Division;

   c) Maintaining the signs and advertising in place for a minimum of 90 days; and

   d) Making the building available at no or nominal cost (the amount to be reviewed by the Oakland
      Cultural Heritage Survey) until removal is necessary for construction of a replacement project, but in
      no case for less than a period of 90 days after such advertisement.

These Development Standards apply to ALL projects that involve construction that is
adjacent to a CEQA Historic Resource or a potentially designated historic property
(PDHP).

57. Vibrations Adjacent Historic Structures
    Prior to issuance of a demolition, grading or building permit
    The project applicant shall retain a structural engineer or other appropriate professional to determine
    threshold levels of vibration and cracking that could damage the insert historic building name (Historic
    Structure) and design means and methods of construction that shall be utilized to not exceed the
    thresholds.
                                                                                                    Page 31


These Development Standards apply to ALL projects that require a Tentative Tract Map
or Tentative Parcel Map (not part of this approval) except condominium conversions.

58. Soils Report
    Required as part of the submittal of a Tentative Tract or Tentative Parcel Map.
    A preliminary soils report for each construction site within the project area shall be required as part if this
    project and submitted for review and approval by the Building Services Division. The soils reports shall
    be based, at least in part, on information obtained from on-site testing. Specifically the minimum contents
    of the report should include:
    A. Logs of borings and/or profiles of test pits and trenches:
        a) The minimum number of borings acceptable, when not used in combination with test pits or trenches,
            shall be two (2), when in the opinion of the Soils Engineer such borings shall be sufficient to
            establish a soils profile suitable for the design of all the footings, foundations, and retaining
            structures.
        b) The depth of each boring shall be sufficient to provide adequate design criteria for all proposed
            structures.
        c) All boring logs shall be included in the soils report.
    B. Test pits and trenches
        a) Test pits and trenches shall be of sufficient length and depth to establish a suitable soils profile for
            the design of all proposed structures.
        b) Soils profiles of all test pits and trenches shall be included in the soils report.
    C. A plat shall be included which shows the relationship of all the borings, test pits, and trenches to the
        exterior boundary of the site. The plat shall also show the location of all proposed site improvements. All
        proposed improvements shall be labeled.
    D. Copies of all data generated by the field and/or laboratory testing to determine allowable soil bearing
        pressures, sheer strength, active and passive pressures, maximum allowable slopes where applicable and
        any other information which may be required for the proper design of foundations, retaining walls, and
        other structures to be erected subsequent to or concurrent with work done under the grading permit.
    E. Soils Report. A written report shall be submitted which shall include, but is not limited to, the following:
        a) Site description;
        b) Local and site geology;
        c) Review of previous field and laboratory investigations for the site;
        d) Review of information on or in the vicinity of the site on file at the Information Counter, City of
            Oakland, Office of Planning and Building;
        e) Site stability shall be addressed with particular attention to existing conditions and proposed
            corrective attention to existing conditions and proposed corrective actions at locations where land
            stability problems exist;
        f) Conclusions and recommendations for foundations and retaining structures, resistance to lateral
            loading, slopes, and specifications, for fills, and pavement design as required;
        g) Conclusions and recommendations for temporary and permanent erosion control and drainage. If not
            provided in a separate report they shall be appended to the required soils report;
        h) All other items which a Soils Engineer deems necessary;
        i) The signature and registration number of the Civil Engineer preparing the report.
                                                                                                    Page 32


    F. The Director of Planning and Building may reject a report that she/he believes is not sufficient. The
       Director of Planning and Building may refuse to accept a soils report if the certification date of the
       responsible soils engineer on said document is more than three years old. In this instance , the Director
       may be require that the old soils report be recertified, that an addendum to the soils report be submitted,
       or that a new soils report be provided.

These Development Standards apply to ALL projects that require an application for a
Tentative Tract Map or Tentative Parcel Map (not part of this approval) AND are located
partially or wholly within the Alquist-Priolo Special Studies Zone. Exceptions include
condominium conversions, and single family wood or steel frame dwellings not exceeding
two stories, when not part of a development of 4 or more dwellings. See Arcview for
Hayfault Fault and Aquist-Priolo Special Studies Zone layers.

59. Geotechnical Report
    Required as part of the submittal of a tentative Tract Map or tentative Parcel Map
       a) A site-specific, design level, Fault Zone geotechnical investigation for each construction site
          within the project area shall be required as part if this project and submitted for review and
          approval to the Building Services Division. Specifically:
               i.    Each investigation shall include an analysis of expected ground motions at the site from
                     identified faults. The analyses shall be accordance with applicable City ordinances and
                     polices, and consistent with the most recent version of the California Building Code,
                     which requires structural design that can accommodate ground accelerations expected
                     from identified faults.
               ii.   The investigations shall determine final design parameters for the walls, foundations,
                     foundation slabs, surrounding related improvements, and infrastructure (utilities,
                     roadways, parking lots, and sidewalks).
               iii. The investigations shall be reviewed and approved by a registered geotechnical engineer.
                     All recommendations by the project engineer, geotechnical engineer, shall be included in
                     the final design, as approved by the City of Oakland.
               iv. The geotechnical report shall include a map prepared by a land surveyor or civil engineer
                     that shows all field work and location of the “No Build” zone. The map shall include a
                     statement that the locations and limitations of the geologic features are accurate
                     representations of said features as they exist on the ground, were placed on this map by the
                     surveyor, the civil engineer or under their supervision, and are accurate to the best of their
                     knowledge.
               v.    Recommendations that are applicable to foundation design, earthwork, and site
                     preparation that were prepared prior to or during the projects design phase, shall be
                     incorporated in the project.
               vi. Final seismic considerations for the site shall be submitted to and approved by the City of
                     Oakland Building Services Division prior to commencement of the project.
               vii. A peer review is required for the Geotechnical Report. Personnel reviewing the geologic
                     report shall approve the report, reject it, or withhold approval pending the submission by
                     the applicant or subdivider of further geologic and engineering studies to more adequately
                     define active fault traces.
          b) Tentative Tract or Parcel Map approvals shall require, but not be limited to, approval of the
                                                                                                     Page 33


             Geotechnical Report.

  These Development Standards apply to ALL projects that require an application for a
  Tentative Tract Map or Tentative Parcel Map (not part of this approval) AND are located
  partially or wholly within the Seismic Hazards Zone. Exceptions include condominium
  conversions and single family wood or steel frame dwellings not exceeding two stories,
  when not part of a development of 4 or more dwellings. See Arcview for Seismic Hazards
  Zone layer.
60.   Geotechnical Report
      Required as part of the submittal of a tentative Tract Map or tentative Parcel Map
         a) A site-specific, design level, Landslide or Liquefaction geotechnical investigation for each
            construction site within the project area shall be required as part if this project and submitted for
            review and approval by the Building Services Division. Specifically:
             i.    Each investigation shall include an analysis of expected ground motions at the site from
                   identified faults. The analyses shall be accordance with applicable City ordinances and polices,
                   and consistent with the most recent version of the California Building Code, which requires
                   structural design that can accommodate ground accelerations expected from identified faults.
             ii. The investigations shall determine final design parameters for the walls, foundations,
                   foundation slabs, surrounding related improvements, and infrastructure (utilities, roadways,
                   parking lots, and sidewalks).
             iii. The investigations shall be reviewed and approved by a registered geotechnical engineer. All
                   recommendations by the project engineer, geotechnical engineer, shall be included in the final
                   design, as approved by the City of Oakland.
             iv. The geotechnical report shall include a map prepared by a land surveyor or civil engineer that
                   shows all field work and location of the “No Build” zone. The map shall include a statement
                   that the locations and limitations of the geologic features are accurate representations of said
                   features as they exist on the ground, were placed on this map by the surveyor, the civil
                   engineer or under their supervision, and are accurate to the best of their knowledge.
             v.    Recommendations that are applicable to foundation design, earthwork, and site preparation
                   that were prepared prior to or during the projects design phase, shall be incorporated in the
                   project.
             vi. Final seismic considerations for the site shall be submitted to and approved by the City of
                   Oakland Building Services Division prior to commencement of the project.
             vii. A peer review is required for the Geotechnical Report. Personnel reviewing the geologic report
                   shall approve the report, reject it, or withhold approval pending the submission by the
                   applicant or subdivider of further geologic and engineering studies to more adequately define
                   active fault traces.
            b) Tentative Tract or Parcel Map approvals shall require, but not be limited to, approval of the
            Geotechnical Report.


  These Development Standards apply (a) to ALL projects that include the redevelopment
  or reuse of historically industrial or commercial buildings; (b) if the site has been
  identified in City records for hazardous materials, such as the Permit Tracking System
                                                                                                  Page 34


(PTS), OR (c) if the site has been identified on the State Cortese List [NOTE: PRESENCE
ON CORTESE LIST PRECLUDES USE OF A CATEGORICAL EXEMPTION].

61. Site Review by the Fire Services Division
    Prior to the issuance of demolition, grading or building permit
    The project applicant shall submit plans for site review and approval to the Fire Prevention Bureau
    Hazardous Materials Unit. Property owner may be required to obtain or perform a Phase II hazard
    assessment.

62. Phase I and/or Phase II Reports
    Prior to issuance of a demolition, grading, or building permit
    Prior to issuance of demolition, grading, or building permits the project applicant shall submit to the Fire
    Prevention Bureau, Hazardous Materials Unit, a Phase I environmental site assessment report, and a Phase
    II report if warranted by the Phase I report for the project site. The reports shall make recommendations
    for remedial action, if appropriate, and should be signed by a Registered Environmental Assessor,
    Professional Geologist, or Professional Engineer.

63. Lead-Based Paint/Coatings, Asbestos, or PCB Occurrence Assessment
    Prior to issuance of any demolition, grading or building permit
    The project applicant shall submit a comprehensive assessment report to the Fire Prevention Bureau,
    Hazardous Materials Unit, signed by a qualified environmental professional, documenting the presence or
    lack thereof of asbestos-containing materials (ACM), lead-based paint, and any other building materials or
    stored materials classified as hazardous waste by State or federal law.

64. Environmental Site Assessment Reports Remediation
    Prior to issuance of a demolition, grading, or building permit
    If the environmental site assessment reports recommend remedial action, the project applicant shall:

    a) Consult with the appropriate local, State, and federal environmental regulatory agencies to ensure
       sufficient minimization of risk to human health and environmental resources, both during and after
       construction, posed by soil contamination, groundwater contamination, or other surface hazards
       including, but not limited to, underground storage tanks, fuel distribution lines, waste pits and sumps.

    b) Obtain and submit written evidence of approval for any remedial action if required by a local, State, or
       federal environmental regulatory agency.

    c) Submit a copy of all applicable documentation required by local, State, and federal environmental
       regulatory agencies, including but not limited to: permit applications, Phase I and II environmental site
       assessments, human health and ecological risk assessments, remedial action plans, risk management
       plans, soil management plans, and groundwater management plans.

65. Lead-based Paint Remediation
    Prior to issuance of any demolition, grading or building permit
    If lead-based paint is present, the project applicant shall submit specifications to the Fire Prevention
    Bureau, Hazardous Materials Unit signed by a certified Lead Supervisor, Project Monitor, or Project
    Designer for the stabilization and/or removal of the identified lead paint in accordance with all applicable
                                                                                                  Page 35


    laws and regulations, including but not necessarily limited to: Cal/OSHA’s Construction Lead Standard, 8
    CCR1532.1 and DHS regulation 17 CCR Sections 35001 through 36100, as may be amended.



66. Other Materials Classified as Hazardous Waste
    Prior to issuance of any demolition, grading or building permit
    If other materials classified as hazardous waste by State or federal law are present, the project applicant
    shall submit written confirmation to Fire Prevention Bureau, Hazardous Materials Unit that all State and
    federal laws and regulations shall be followed when profiling, handling, treating, transporting and/or
    disposing of such materials.

67. Health and Safety Plan per Assessment
    Prior to issuance of any demolition, grading or building permit
    If the required lead-based paint/coatings, asbestos, or PCB assessment finds presence of such materials,
    the project applicant shall create and implement a health and safety plan to protect workers from risks
    associated with hazardous materials during demolition, renovation of affected structures, and transport and
    disposal.

68. Best Management Practices for Soil and Groundwater Hazards
    Ongoing throughout demolition, grading, and construction activities
    The project applicant shall implement all of the following Best Management Practices (BMPs) regarding
    potential soil and groundwater hazards.

   a) Soil generated by construction activities shall be stockpiled onsite in a secure and safe manner. All
      contaminated soils determined to be hazardous or non-hazardous waste must be adequately profiled
      (sampled) prior to acceptable reuse or disposal at an appropriate off-site facility. Specific sampling and
      handling and transport procedures for reuse or disposal shall be in accordance with applicable local,
      state and federal agencies laws, in particular, the Regional Water Quality Control Board (RWQCB)
      and/or the Alameda County Department of Environmental Health (ACDEH) and policies of the City of
      Oakland.
   b) Groundwater pumped from the subsurface shall be contained onsite in a secure and safe manner, prior
      to treatment and disposal, to ensure environmental and health issues are resolved pursuant to
      applicable laws and policies of the City of Oakland, the RWQCB and/or the ACDEH. Engineering
      controls shall be utilized, which include impermeable barriers to prohibit groundwater and vapor
      intrusion into the building (pursuant to the Standard Condition of Approval regarding Radon or Vapor
      Intrusion from Soil and Groundwater Sources
   c) Prior to issuance of any demolition, grading, or building permit, the applicant shall submit for review
      and approval by the City of Oakland, written verification that the appropriate federal, state or county
      oversight authorities, including but not limited to the RWQCB and/or the ACDEH, have granted all
      required clearances and confirmed that the all applicable standards, regulations and conditions for all
      previous contamination at the site. The applicant also shall provide evidence from the City’s Fire
      Department, Office of Emergency Services, indicating compliance with the Standard Condition of
      Approval requiring a Site Review by the Fire Services Division pursuant to City Ordinance No. 12323,
      and compliance with the Standard Condition of Approval requiring a Phase I and/or Phase II Reports.
                                                                                                  Page 36


These Development Standards apply to ALL construction projects that include 1)
habitable space below the ground AND/OR 2) the redevelopment or reuse of historically
industrial or commercial buildings OR 3) Soil and/or Groundwater Hazards.



69. Radon or Vapor Intrusion from Soil or Groundwater Sources
    Ongoing
    The project applicant shall submit documentation to determine whether radon or vapor intrusion from the
    groundwater and soil is located on-site as part of the Phase I documents. The Phase I analysis shall be
    submitted to the Fire Prevention Bureau, Hazardous Materials Unit, for review and approval, along with a
    Phase II report if warranted by the Phase I report for the project site. The reports shall make
    recommendations for remedial action, if appropriate, and should be signed by a Registered Environmental
    Assessor, Professional Geologist, or Professional Engineer. Applicant shall implement the approved
    recommendations.

These Development Standards apply to ALL projects that are located within the 2004
Wildfire Assessment District per map located on the L Drive.
70. Vegetation Management Plan
    http://www.oaklandnet.com/wildfirePrevention/WildfirePreventionAssessmentDistrictMap.pdf
    Prior to issuance of a demolition, grading, and/or construction and Ongoing
    a) The project applicant shall submit a vegetation management plan to the Planning and Zoning Division
       and Fire Services Division that includes if deemed appropriate, but not limited to the, following
       measures:
       i.     Removal of dead vegetation overhanging roof and chimney areas;
       ii.    Removal of leaves and needles from roofs;
       iii. Planting and placement of fire-resistant plants around the house and phasing out flammable
              vegetation;
       iv. Trimming back vegetation around windows;
       v.     Removal of flammable vegetation on hillside slopes greater than 20%;
       vi. Pruning the lower branches of tall trees;
       vii. Clearing out ground-level brush and debris;
       viii. Stacking woodpiles away from structures.

   b) The project applicant shall enter into a maintenance agreement with the City that ensures that
      landscaping will be maintained and adhere to measures listed above.

These Development Standards apply to ALL phased projects (PUD's or projects with
Development Agreements).

71. Fire Safety Phasing Plan
    Prior to issuance of a demolition, grading, and/or construction and concurrent with any p-job submittal
    permit
    The project applicant shall submit a separate fire safety phasing plan to the Planning and Zoning Division
    and Fire Services Division for their review and approval. The fire safety plan shall include all of the fire
                                                                                                 Page 37


    safety features incorporated into the project and the schedule for implementation of the features. Fire
    Services Division may require changes to the plan or may reject the plan if it does not adequately address
    fire hazards associated with the project as a whole or the individual phase.

These Development Standards apply to ALL projects that are located within the 2004
Wildfire Assessment District per map located on the L Drive AND are located on project
sites identified as creekside properties.
72. Vegetation Management Plan on Creekside Properties
    http://www.oaklandnet.com/wildfirePrevention/DosandDonts.pdf
    Prior to issuance of a demolition, grading, and/or construction and Ongoing
       The project applicant shall submit a vegetation management plan for review and approval by the
           Planning and Zoning Division, Fire Services Division, and Environmental Services Division of the
           Public Works Agency that includes, if deemed appropriate, the following measures:
       a) Identify and do not disturb a 20-foot creek buffer from the top of the creek bank. If the top of bank
           cannot be identified, leave a 50-foot buffer from the centerline of the creek or as wide a buffer as
           possible between the creek centerline and the proposed site development.
       b) Identify and leave” islands” of vegetation in order to prevent erosion and landslides and protect
           nesting habitat.
       c) Leave at least 6 inches of vegetation on the site.
       d) Trim tree branches from the ground up (limbing up) and leave tree canopy intact.
       e) Leave stumps and roots from cut down trees to prevent erosion.
       f) Plant fire-appropriate, drought-tolerant, preferably native vegetation.
       g) Err on the side of caution. If you don’t know if a plant, tree or area is sensitive, ask for a second
           opinion before you cut.
       h) Provide erosion and sediment control protection if cutting vegetation on a steep slope.
       i) Leave tall shrubbery at least 3-feet high.
       j) Fence off sensitive plant habitats and creek areas to protect from goat grazing.
       k) Obtain a tree protection permit for a protected tree (includes all mature trees except eucalyptus and
           Monterey pine).
       l) Contact the City Tree Department (615-5850) for dead trees.
       m) Do not clear-cut vegetation. This can lead to erosion and severe water quality problems and destroy
           important habitat.
       n) Do not remove vegetation within 20-feet of the top of bank. If the top of bank cannot be identified,
           do not cut within 50-feet of the centerline of the creek or as wide a buffer as possible between the
           creek centerline and the proposed site development.
       o) Do not trim/prune branches that are larger than 4 inches in diameter.
       p) Do not remove tree canopy.
       q) Do not dump cut vegetation in a creek.
       r) Do not cut tall shrubbery to less than 3-feet high.
       s) Do not cut of short vegetation (grasses, ground-cover) to less than 6-inches high.

73. Fire Safety
    Prior to and ongoing throughout demolition, grading, and/or construction
    The project applicant and construction contractor will ensure that during project construction, all
    construction vehicles and equipment will be fitted with spark arrestors to minimize accidental ignition of
    dry construction debris and surrounding dry vegetation.
                                                                                                 Page 38




These Development Standards apply to ALL projects that involve the handling, storage,
or transportation of hazardous materials on-site.

74. Hazardous Materials Business Plan
    Prior to issuance of a business license
    The project applicant shall submit a Hazardous Materials Business Plan for review and approval by Fire
    Prevention Bureau, Hazardous Materials Unit. Once approved this plan shall be kept on file with the City
    and will be updated as applicable. The purpose of the Hazardous Materials Business Plan is to ensure that
    employees are adequately trained to handle the materials and provides information to the Fire Services
    Division should emergency response be required. The Hazardous Materials Business Plan shall include
    the following:
    a) The types of hazardous materials or chemicals stored and/or used on site, such as petroleum fuel
       products, lubricants, solvents, and cleaning fluids.
    b) The location of such hazardous materials.
    c) An emergency response plan including employee training information
    d) A plan that describes the manner in which these materials are handled, transported and disposed.

These Development Standards apply to ALL projects that disturb one (1) acre or more of
surface area.

75. Stormwater Pollution Prevention Plan (SWPPP)
     Prior to and ongoing throughout demolition, grading, and/or construction activities
    The project applicant must obtain coverage under the General Construction Activity Storm Water Permit
    (General Construction Permit) issued by the State Water Resources Control Board (SWRCB). The project
    applicant must file a notice of intent (NOI) with the SWRCB. The project applicant will be required to
    prepare a stormwater pollution prevention plan (SWPPP) and submit the plan for review and approval by
    the Building Services Division. At a minimum, the SWPPP shall include a description of construction
    materials, practices, and equipment storage and maintenance; a list of pollutants likely to contact
    stormwater; site-specific erosion and sedimentation control practices; a list of provisions to eliminate or
    reduce discharge of materials to stormwater; Best Management Practices (BMPs), and an inspection and
    monitoring program. Prior to the issuance of any construction-related permits, the project applicant shall
    submit to the Building Services Division a copy of the SWPPP and evidence of submittal of the NOI to the
    SWRCB. Implementation of the SWPPP shall start with the commencement of construction and continue
    though the completion of the project. After construction is completed, the project applicant shall submit a
    notice of termination to the SWRCB.

These Development Standards apply to ALL projects that involve construction on slopes
greater than 20%.

76. Drainage Plan for Projects on Slopes Greater than 20%
    Prior to issuance of building permit (or other construction-related permit)
    The project drawings submitted for a building permit (or other construction-related permit) shall contain a
    drainage plan to be reviewed and approved by the Building Services Division. The drainage plan shall
                                                                                                   Page 39


    include measures to reduce the post-construction volume and velocity of stormwater runoff to the
    maximum extent practicable. Stormwater runoff shall not be augmented to adjacent properties or creeks.
    The drainage plan shall include and identify the following:
      i. All proposed impervious surface on the site;
      ii. Anticipated directional flows of on-site stormwater runoff;
      iii. Site design measures to reduce the amount of impervious surface area and directly connected
           impervious surfaces;
      iv. Source control measures to limit the potential for stormwater pollution; and
      v. Stormwater treatment measures to remove pollutants from stormwater runoff.

77. Erosion, Sedimentation, and Debris Control Measures
     Prior to issuance of demolition, grading, or construction-related permit
    The project applicant shall submit an erosion and sedimentation control plan for review and approval by
    the Building Services Division. All work shall incorporate all applicable “Best Management Practices
    (BMPs) for the construction industry, and as outlined in the Alameda Countywide Clean Water Program
    pamphlets, including BMP’s for dust, erosion and sedimentation abatement per Chapter Section 15.04 of
    the Oakland Municipal Code. The measures shall include, but are not limited to, the following:

       BASIC (Applies to ALL construction sites)
         a) On sloped properties, the downhill end of the construction area must be protected with silt
            fencing (such as sandbags, filter fabric, silt curtains, etc.) and hay bales oriented parallel to the
            contours of the slope (at a constant elevation) to prevent erosion into the street, gutters,
            stormdrains.
         b) In accordance with an approved erosion control plan, the project applicant shall implement
            mechanical and vegetative measures to reduce erosion and sedimentation, including appropriate
            seasonal maintenance. One hundred (100) percent degradable erosion control fabric shall be
            installed on all graded slopes to protect and stabilize the slopes during construction and before
            permanent vegetation gets established. All graded areas shall be temporarily protected from
            erosion by seeding with fast growing annual species. All bare slopes must be covered with
            staked tarps when rain is occurring or is expected.
         c) Minimize the removal of natural vegetation or ground cover from the site in order to minimize
            the potential for erosion and sedimentation problems. Maximize the replanting of the area with
            native vegetation as soon as possible.
         d) Install filter materials acceptable to the Engineering Division at the storm drain inlets nearest
            to the project site prior to the start of the wet weather season (October 15); site dewatering
            activities; street washing activities; saw cutting asphalt or concrete; and in order to retain any
            debris flowing into the City storm drain system. Filter materials shall be maintained and/or
            replaced as necessary to ensure effectiveness and prevent street flooding.
         e) Ensure that concrete/granite supply trucks or concrete/plaster finishing operations do not
            discharge wash water into the creek, street gutters, or storm drains.
         f) Direct and locate tool and equipment cleaning so that wash water does not discharge into the
            street, gutters, or stormdrains.
         g) Create a contained and covered area on the site for storage of bags of cement, paints,
            flammables, oils, fertilizers, pesticides, or any other materials used on the project site that have
            the potential for being discharged to the storm drain system by the wind or in the event of a
            material spill. No hazardous waste material shall be stored on site.
                                                                                                 Page 40


           h) Gather all construction debris on a regular basis and place them in a dumpster or other
              container which is emptied or removed on a weekly basis. When appropriate, use tarps on the
              ground to collect fallen debris or splatters that could contribute to stormwater pollution.
           i) Remove all dirt, gravel, refuse, and green waste from the sidewalk, street pavement, and storm
              drain system adjoining the project site. During wet weather, avoid driving vehicles off paved
              areas and other outdoor work.
           j) Broom sweep the street pavement adjoining the project site on a daily basis. Caked-on mud or
              dirt shall be scraped from these areas before sweeping. At the end of each workday, the entire
              site must be cleaned and secured against potential erosion, dumping, or discharge to the street,
              gutter, stormdrains.
           k) All erosion and sedimentation control measures implemented during construction activities, as
              well as construction site and materials management shall be in strict accordance with the
              control standards listed in the latest edition of the Erosion and Sediment Control Field Manual
              published by the Regional Water Quality Board (RWQB).
           l) All erosion and sedimentation control measures shall be monitored regularly by the project
              applicant. The City may require erosion and sedimentation control measures to be inspected by
              a qualified environmental consultant (paid for by the project applicant) during or after rain
              events. If measures are insufficient to control sedimentation and erosion then the project
              applicant shall develop and implement additional and more effective measures immediately

These Development Standards apply to ALL projects that create or replace LESS than
10,000 square feet of impervious service or involve construction of one single family
home. Exceptions to this standard include the following:
a) Sidewalks, bicycle lanes, trails, bridge accesories, guardrails, and landscape features associated with
the street.
b) Routine maintenance and repair of existing impervious surfaces, including roof and pavement
resurfacing and road pavement structural section rehabilitation work within the existing pavement
footprint; and
c) Reconstruction work within an existing public street right-of-way where both sides of the right-of-
way are already developed.

78. Site Design Measures for Post-Construction Stormwater Management
     Prior to issuance of building permit (or other construction-related permit)
    The project drawings submitted for a building permit (or other construction-related permit) shall contain a
    final site plan to be reviewed and approved by Planning and Zoning. The final site plan shall incorporate
    appropriate site design measures to manage stormwater runoff and minimize impacts to water quality after
    the construction of the project. These measures may include, but are not limited to, the following:
       i.    Minimize impervious surfaces, especially directly connected impervious surfaces;
       ii. Utilize permeable paving in place of impervious paving where appropriate;
       iii. Cluster buildings;
       iv. Preserve quality open space; and
       v.    Establish vegetated buffer areas.
    Ongoing
    The approved plan shall be implemented and the site design measures shown on the plan shall be
    permanently maintained.

79. Source Control Measures to Limit Stormwater Pollution
                                                                                                 Page 41


    Prior to issuance of building permit (or other construction-related permit)
    The applicant shall implement and maintain all structural source control measures imposed by the Chief of
    Building Services to limit the generation, discharge, and runoff of stormwater pollution.
    Ongoing
    The applicant, or his or her successor, shall implement all operational Best Management Practices (BMPs)
    imposed by the Chief of Building Services to limit the generation, discharge, and runoff of stormwater
    pollution.

These Development Standards apply to ALL projects 1) where the application for a
zoning permit was deemed complete on or after February 15, 2005 that create or replace
1 acre or MORE of impervious surface or 2) that the application for a zoning permit
was deemed complete on or after August 15, 2006 that create or replace 10,000 square
feet or more of impervious surface. Execption include the following:
a) Sidewalks, bicycle lanes, trails, bridge accesories, guardrails, and landscape features associated with
the street.
b) Routine maintenance and repair of existing impervious surfaces, including roof and pavement
resurfacing and road pavement structural section rehabilitation work within the existing pavement
footprint; and
c) Reconstruction work within an existing public street right-of-way where both sides of the right-of-
way are already developed.

80. Post-Construction Stormwater Management Plan
    Prior to issuance of building permit (or other construction-related permit)
    The applicant shall comply with the requirements of Provision C.3 of the National Pollutant Discharge
    Elimination System (NPDES) permit issued to the Alameda Countywide Clean Water Program. The
    applicant shall submit with the application for a building permit (or other construction-related permit) a
    completed Construction-Permit-Phase Stormwater Supplemental Form to the Building Services Division.
    The project drawings submitted for the building permit (or other construction-related permit) shall contain
    a stormwater management plan, for review and approval by the City, to manage stormwater run-off and to
    limit the discharge of pollutants in stormwater after construction of the project to the maximum extent
    practicable.
    a) The post-construction stormwater management plan shall include and identify the following:
        i.    All proposed impervious surface on the site;
        ii.   Anticipated directional flows of on-site stormwater runoff; and
        iii.  Site design measures to reduce the amount of impervious surface area and directly connected
              impervious surfaces; and
        iv.   Source control measures to limit the potential for stormwater pollution;
        v.    Stormwater treatment measures to remove pollutants from stormwater runoff; and
        vi.   Hydromodification management measures so that post-project stormwater runoff does not
              exceed the flow and duration of pre-project runoff, if required under the NPDES permit.

    b) The following additional information shall be submitted with the post-construction stormwater
       management plan:
       i.   Detailed hydraulic sizing calculations for each stormwater treatment measure proposed; and
       ii.  Pollutant removal information demonstrating that any proposed manufactured/mechanical (i.e.
            non-landscape-based) stormwater treatment measure, when not used in combination with a
            landscape-based treatment measure, is capable or removing the range of pollutants typically
                                                                                                   Page 42


             removed by landscape-based treatment measures and/or the range of pollutants expected to be
             generated by the project.

    All proposed stormwater treatment measures shall incorporate appropriate planting materials for
    stormwater treatment (for landscape-based treatment measures) and shall be designed with considerations
    for vector/mosquito control. Proposed planting materials for all proposed landscape-based stormwater
    treatment measures shall be included on the landscape and irrigation plan for the project. The applicant is
    not required to include on-site stormwater treatment measures in the post-construction stormwater
    management plan if he or she secures approval from Planning and Zoning of a proposal that demonstrates
    compliance with the requirements of the City’s Alternative Compliance Program.

    Prior to final permit inspection
    The applicant shall implement the approved stormwater management plan.

81. Maintenance Agreement for Stormwater Treatment Measures
    Prior to final zoning inspection
    For projects incorporating stormwater treatment measures, the applicant shall enter into the “Standard City
    of Oakland Stormwater Treatment Measures Maintenance Agreement,” in accordance with Provision
    C.3.e of the NPDES permit, which provides, in part, for the following:
    i. The applicant accepting responsibility for the adequate installation/construction, operation,
        maintenance, inspection, and reporting of any on-site stormwater treatment measures being
        incorporated into the project until the responsibility is legally transferred to another entity; and
    ii. Legal access to the on-site stormwater treatment measures for representatives of the City, the local
        vector control district, and staff of the Regional Water Quality Control Board, San Francisco Region,
        for the purpose of verifying the implementation, operation, and maintenance of the on-site stormwater
        treatment measures and to take corrective action if necessary. The agreement shall be recorded at the
        County Recorder’s Office at the applicant’s expense.

These Development Standards apply to ALL projects that involve a Creek Protection
Permit.

82. Erosion, Sedimentation, and Debris Control Measures
     Prior to issuance of demolition, grading, or construction-related permit
    The project applicant shall submit an erosion and sedimentation control plan for review and approval by
    the Building Services Division. All work shall incorporate all applicable “Best Management Practices
    (BMPs) for the construction industry, and as outlined in the Alameda Countywide Clean Water Program
    pamphlets, including BMP’s for dust, erosion and sedimentation abatement per Chapter Section 15.04 of
    the Oakland Municipal Code. The measures shall include, but are not limited to, the following:

       BASIC (Applies to ALL construction sites)
         a) On sloped properties, the downhill end of the construction area must be protected with silt
            fencing (such as sandbags, filter fabric, silt curtains, etc.) and hay bales oriented parallel to the
            contours of the slope (at a constant elevation) to prevent erosion into the creek.
         b) In accordance with an approved erosion control plan, the project applicant shall implement
            mechanical and vegetative measures to reduce erosion and sedimentation, including appropriate
            seasonal maintenance. One hundred (100) percent degradable erosion control fabric shall be
            installed on all graded slopes to protect and stabilize the slopes during construction and before
                                                                                          Page 43


     permanent vegetation gets established. All graded areas shall be temporarily protected from
     erosion by seeding with fast growing annual species. All bare slopes must be covered with
     staked tarps when rain is occurring or is expected.
c)   Minimize the removal of natural vegetation or ground cover from the site in order to minimize
     the potential for erosion and sedimentation problems. Maximize the replanting of the area with
     native vegetation as soon as possible.
d)   All work in or near creek channels must be performed with hand tools and by a minimum
     number of people. Immediately upon completion of this work, soil must be repacked and native
     vegetation planted.
e)   Install filter materials (such as sandbags, filter fabric, etc.) acceptable to the Engineering
     Division at the storm drain inlets nearest to the project site prior to the start of the wet weather
     season (October 15); site dewatering activities; street washing activities; saw cutting asphalt or
     concrete; and in order to retain any debris flowing into the City storm drain system. Filter
     materials shall be maintained and/or replaced as necessary to ensure effectiveness and prevent
     street flooding.
f)   Ensure that concrete/granite supply trucks or concrete/plaster finishing operations do not
     discharge wash water into the creek, street gutters, or storm drains.
g)   Direct and locate tool and equipment cleaning so that wash water does not discharge into the
     creek.
h)   Create a contained and covered area on the site for storage of bags of cement, paints,
     flammables, oils, fertilizers, pesticides, or any other materials used on the project site that have
     the potential for being discharged to the storm drain system by the wind or in the event of a
     material spill. No hazardous waste material shall be stored on site.
i)   Gather all construction debris on a regular basis and place them in a dumpster or other
     container which is emptied or removed on a weekly basis. When appropriate, use tarps on the
     ground to collect fallen debris or splatters that could contribute to stormwater pollution.
j)   Remove all dirt, gravel, refuse, and green waste from the sidewalk, street pavement, and storm
     drain system adjoining the project site. During wet weather, avoid driving vehicles off paved
     areas and other outdoor work.
k)   Broom sweep the street pavement adjoining the project site on a daily basis. Caked-on mud or
     dirt shall be scraped from these areas before sweeping. At the end of each workday, the entire
     site must be cleaned and secured against potential erosion, dumping, or discharge to the creek,
     street, gutter, stormdrains.
l)   All erosion and sedimentation control measures implemented during construction activities, as
     well as construction site and materials management shall be in strict accordance with the
     control standards listed in the latest edition of the Erosion and Sediment Control Field Manual
     published by the Regional Water Quality Board (RWQB).
m)   Temporary fencing is required for sites without existing fencing between the creek and the
     construction site and shall be placed along the side adjacent to construction (or both sides of the
     creek if applicable) at the maximum practical distance from the creek centerline. This area shall
     not be disturbed during construction without prior approval of Planning and Zoning.
n)   All erosion and sedimentation control measures shall be monitored regularly by the project
     applicant. The City may require erosion and sedimentation control measures to be inspected by
     a qualified environmental consultant (paid for by the project applicant) during or after rain
                                                                                                  Page 44


               events. If measures are insufficient to control sedimentation and erosion then the project
               applicant shall develop and implement additional and more effective measures immediately.




These Development Standards apply to ALL projects that involve a Category III and IV
Creek Protection permit).

83. Creek Protection Plan
    http://www.oaklandpw.com/creeks
    Prior to and ongoing throughout demolition, grading, and/or construction activities
    a) The approved creek protection plan shall be included in the project drawings submitted for a building
       permit (or other construction-related permit). The project applicant shall implement the creek
       protection plan to minimize potential impacts to the creek during and after construction of the project.
       The plan shall fully describe in plan and written form all erosion, sediment, stormwater, and
       construction management measures to be implemented on-site.

   b) If the plan includes a stormwater system, all stormwater outfalls shall include energy dissipation that
      slows the velocity of the water at the point of outflow to maximize infiltration and minimize erosion.
      The project shall not result in a substantial increase in stormwater runoff volume or velocity to the
      creek or storm drains.

84. Regulatory Permits and Authorizations
    Prior to issuance of a demolition, grading, or building permit within vicinity of the creek
    Prior to construction within the vicinity of the creek, the project applicant shall obtain all necessary
    regulatory permits and authorizations from the U.S. Army Corps of Engineers (Corps), Regional Water
    Quality Control Board (RWQCB), California Department of Fish and Game, and the City of Oakland, and
    shall comply with all conditions issued by applicable agencies. Required permit approvals and
    certifications may include, but not be limited to the following:
        a) U.S. Army Corps of Engineers (Corps): Section 404. Permit approval from the Corps shall be
            obtained for the placement of dredge or fill material in Waters of the U.S., if any, within the
            interior of the project site, pursuant to Section 404 of the federal Clean Water Act.
        b) Regional Walter Quality Control Board (RWQCB): Section 401 Water Quality Certification.
            Certification that the project will not violate state water quality standards is required before the
            Corps can issue a 404 permit, above.
        c) California Department of Fish and Game (CDFG): Section 1602 Lake and Streambed Alteration
            Agreement. Work that will alter the bed or bank of a stream requires authorization from CDFG.

85. Creek Monitoring
    Prior to issuance of a demolition, grading, or building permit within vicinity of the creek
    A qualified geotechnical engineer and/or environmental consultant shall be retained and paid for by the
    project applicant to make site visits during all grading activities; and as a follow-up, submit to the
    Building Services Division a letter certifying that the erosion and sedimentation control measures set forth
    in the Creek Protection Permit submittal material have been instituted during the grading activities.
                                                                                                    Page 45




86. Creek Landscaping Plan
     Prior to issuance of a demolition, grading, or building permit within vicinity of the creek
    The project applicant shall develop a final detailed landscaping and irrigation plan for review and approval
    by the Planning and Zoning Division prepared by a licensed landscape architect or other qualified person.
    Such a plan shall include a planting schedule, detailing plant types and locations, and a system for
    temporary irrigation of plantings.
    a) Plant and maintain only drought-tolerant plants on the site where appropriate as well as native and
        riparian plants in and adjacent to riparian corridors. Along the riparian corridor, native plants shall not
        be disturbed to the maximum extent feasible. Any areas disturbed along the riparian corridor shall be
        replanted with mature native riparian vegetation and be maintained to ensure survival.
    b) All landscaping indicated on the approved landscape plan shall be installed prior to the issuance of a
        Final inspection of the building permit, unless bonded pursuant to the provisions of Section 17.124.50
        of the Oakland Planning Code.
    c) All landscaping areas shown on the approved plans shall be maintained in neat and safe conditions,
        and all plants shall be maintained in good growing condition and, whenever necessary replaced with
        new plant materials to ensure continued compliance with all applicable landscaping requirements. All
        paving or impervious surfaces shall occur only on approved areas.

These Development Standards apply to ALL projects that involve a Creek Protection
Permit AND dewatering or diversion of water.

87. Creek Dewatering and Aquatic Life
    Prior to the start of and ongoing throughout any in-water construction activity
    a) If any dam or other artificial obstruction is constructed, maintained, or placed in operation within the
       stream channel, ensure that sufficient water is allowed to pass down channel at all times to maintain
       aquatic life (native fish, native amphibians, and western pond turtles) below the dam or other artificial
       obstruction.
    b) The project applicant shall hire a biologist, and obtain all necessary State and federal permits (e.g.
       CDFG Scientific Collecting Permit), to relocate all native fish/native amphibians/pond turtles within
       the work site, prior to dewatering. The applicant shall first obtain a project-specific authorization from
       the CDFG and/or the USFWS, as applicable to relocate these animals. Captured native fish/native
       amphibians/pond turtles shall be moved to the nearest appropriate site on the stream channel
       downstream. The biologist/contractor shall check daily for stranded aquatic life as the water level in
       the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded
       aquatic life observed in the dewatered areas. Capture methods may include fish landing nets, dip nets,
       buckets, and by hand. Captured aquatic life shall be released immediately in the nearest appropriate
       downstream site. This condition does not allow the take or disturbance of any state or federally listed
       species, nor state-listed species of special concern, unless the applicant obtains a project specific
       authorization from the CDFG and/or the USFWS, as applicable.

88. Creek Dewatering and Diversion
    Prior to the start of any in-water construction activities
    If installing any dewatering or diversion device(s), the project applicant shall develop and implement a
    detailed dewatering and diversion plan for review and approval by the Building Services Division. All
                                                                                                    Page 46


   proposed dewatering and diversion practices shall be consistent with the requirements of the Streambed
   Alteration Agreement issued by the California Department of Fish and Game.
   a) Ensure that construction and operation of the devices meet the standards in the latest edition of the
      Erosion and Sediment Control Field Manual published by the Regional Water Quality Control Board
      (RWQCB).
   b) Construct coffer dams and/or water diversion system of a non-erodable material which will cause little
      or no siltation. Maintain coffer dams and the water diversion system in place and functional throughout
      the construction period. If the coffer dams or water diversion system fail, repair immediately based on
      the recommendations of a qualified environmental consultant. Remove devices only after construction
      is complete and the site stabilized.
   c) Pass pumped water through a sediment settling device before returning the water to the stream channel.
      Provide velocity dissipation measures at the outfall to prevent erosion.

These Development Standards apply to ALL projects that involve new construction
within the 100 year flood plain as mapped on a Federal Hazard Boundary, Flood
Insurance Rate Map, or other flood hazard delineation map. See Arcview for the 100 and
500 year flood layer.

89. Regulatory Permits and Authorizations
    Prior to issuance of a demolition, grading, or building permit
    Prior to construction within the floodway or floodplain, the project applicant shall obtain all necessary
    regulatory permits and authorizations from the Alameda County Flood Control and Water Conservation
    District and shall comply with all conditions issued by that agency.

90. Structures within a Floodplain
    Prior to issuance of a demolition, grading, or building permit
    a) The project applicant shall retain the civil engineer of record to ensure that the project’s development
       plans and design contain finished site grades and floor elevations that are elevated above the Base
       Flood Elevation (BFE) if established within a 100-year flood event.
    b) The project applicant shall submit final hydrological calculations that ensure that the structure will not
       interfere with the flow of water or increase flooding.

These Development Standards apply to ALL projects that involve a new connection to
the City's stormwater and sewer system.

91. Stormwater and Sewer
     Prior to completing the final design for the project’s sewer service
    Confirmation of the capacity of the City’s surrounding stormwater and sanitary sewer system and state of
    repair shall be completed by a qualified civil engineer with funding from the project applicant. The project
    applicant shall be responsible for the necessary stormwater and sanitary sewer infrastructure improvements
    to accommodate the proposed project. In addition, the applicant shall be required to pay additional fees to
    improve sanitary sewer infrastructure if required by the Sewer and Stormwater Division. Improvements to
    the existing sanitary sewer collection system shall specifically include, but are not limited to, mechanisms
    to control or minimize increases in infiltration/inflow to offset sanitary sewer increases associated with the
    proposed project. To the maximum extent practicable, the applicant will be required to implement Best
    Management Practices to reduce the peak stormwater runoff from the project site. Additionally, the
                                                                                                 Page 47


   project applicant shall be responsible for payment of the required installation or hook-up fees to the
   affected service providers.

These Development Standards apply to ALL projects (new, infill, change of use, and
remodeling) that are located within the Southeast Oakland Hills TIP/TIF area per the
map located on the L Drive. The area generally extends along both sides of the I-580
freeway corridor between the Seminary Avenue and the 98th Avenue interchanges.
Exceptions to this standard include the following:
a) Affordable housing units.
b) Residential remodeling where there is no change in use or the number of units.
c) Reconstruction of a razed structure if proof of destruction is submitted that shows the destruction of
the house prior to the Ordinance.

92. Traffic Fairshare for Projects Located in Southeast Oakland
    Prior to the issuance of a certificate of occupancy
    Project applicants shall submit fair share traffic payments to the City in accordance with Chapter 10.70 of
    the Oakland Municipal Code for funding capital improvement projects to accommodate future traffic
    demand in the area.

These Development Standards apply to ALL projects that involve any new construction
(residential, commercial, or industrial); AND
includes a geologic hazard, as defined in California Public Resource Section 26507, as an
actual or threatened landslide, land subsidence, soil erosion, earthquake, fault
movement, or any other natural or unnatural movement of land or earth; AND
technical, enviornmental peer review, or other applicable report pertaining to the
actual or threatened geologic hazard specify the need to require a GHAD OR a greater
than normal degree of construction attention, monitoring of the site, or maintenance of
project improvements.

93. Oakland Area Geologic Hazards Abatement District (GHAD)
    Prior to the approval of the final map
    Prior to approval of the final map, the project shall complete annexation into the Oakland Area GHAD
    and provide evidence that all assessments, reserves and other requirements necessary to fund the GHAD
    with respect to the annexed properties have been established and authorized. The applicant shall prepare a
    Plan of Control, as defined in Public Resource Code Section 26509 which shall specify all anticipated
    operations and maintenance responsibilities of the GHAD for the annexed properties.

       a) The applicant shall provide an initial funding on the annexed properties in the amount to be
          determined by the City Engineer in accordance with the Plan of Control and the Engineer’s Report
          for the annexed properties which shall be no later than the recordation of the final map for the
          project.

       b) The Engineer’s Report shall identify the projected costs and a budget for GHAD operations and
          reserve accumulation for the annexed properties.

       c) The Engineer’s Report shall include costs for the services of the project manager, attorney and
          treasurer/clerk for the GHAD.
                                                                                                 Page 48



The applicant shall request the GHAD to defend, hold harmless, and indemnify the Indemnified Parties (as
that is defined in Condition #7 and their insurers against any and all liability, damages, claims, demands,
judgments, losses, (“Indemnified GHAD claims”) or other forms of legal or equitable relief related to the
operation (including, without limitation, maintenance of GHAD owned property) of a the annexed properties
and in the case of the City Council members, actions taken by said members while acting as the GHAD Board
of Directors. This indemnity shall include, without limitation, payment of litigation expenses associated with
any action herein. The Indemnified Parties shall have the right to select counsel to represent the Indemnified
Parties, at the GHAD’s expense, in defense of any action specified in this condition of approval insert
condition of approval number. The Indemnified Parties shall take all reasonable steps to promptly notify the
GHAD of any claim, demand, or legal actions that may create a claim for indemnification under these
conditions of approval. Within 90 days of the annexation to the GHAD, the applicant shall request the GHAD
to enter into an Indemnification Agreement in a form acceptable to the City Attorney to establish in more
specific detail the terms and conditions of the GHAD’s indemnification obligations set forth herein. Any
failure of any party to timely execute such Indemnification Agreement shall not be construed to limit any right
or obligation otherwise specified in these Conditions of Approval.

These Development Standards apply to ALL new residential uses and sensitive land uses
such as schools, daycare centers, playgrounds, and medical facilities located closer than
the recommended buffer to any stationary sources of air pollution listed below, based on
the California Air Resources Board's June 2005 Air Quality and Land Use Handbook: A
Community Health Perspective and subsequent amendments to the California Code of
Regulations.
   a) Within 500' of a freeway or urban roads with 100,000 vehicles/day or within 500' of
   a rail line (except BART) with over 30 trains per day.
   b) Within 1000' from a distribution center that accomodates more than 100 trucks per
   day, more than 40 trucks with operating refrigeration units (TRU) per day, or where
   the TRU unit operations exceed 300 hours per week.
   c) Within 1000' of a major service and maintenance rail or truck yard.
   d) Immediately downwind from ports.
   e) Immediately downwind from petroleum refineries.
   f) Within 300' of a chrome plater.
   g) Within 300' of a dry cleaning operation using Perchloroethylene (Perc Dry
   Cleaners) with one (1) machine; 500' separation for an operation with two (2)
   machines. (Perc dry cleaning operations with 3 or more machines should contact the
   air district for the required separation.)
   h) Within 300' of a large gas station facility with a throughput of 3.6 million gallons
   per year or greater.
   NOTE: One source for stationary sources of air pollution includes
   www.arb.ca.gov/ch/chapis1/chapis1.htm

94. Indoor Air Quality
    In order to comply with the California Air Resources Board Air Quality and Land Use Handbook (June
    2005) and achieve an acceptable interior air quality level for sensitive receptors, appropriate measures,
                                                                                                    Page 49


   shall be incorporated into project building design. The appropriate measures shall include one of the
   following methods:

   a) The project applicant shall retain a qualified air quality consultant to prepare a health risk assessment
      (HRA) in accordance with the California Air Resources Board and the Office of Environmental Health
      and Hazard Assessment requirements to determine the exposure of project residents/occupants/users to
      stationary air quality polluters prior to issuance of a demolition, grading, or building permit. The HRA
      shall be submitted to the Planning and Zoning Division for review and approval. The applicant shall
      implement the approved HRA recommendations, if any. If the HRA concludes that the air quality risks
      from nearby sources are at or below acceptable levels, then additional measures are not required.

   b) The applicant shall implement the following features that have been found to reduce the air quality
      risk to sensitive receptors and shall be included in the project construction plans. These shall be
      submitted to the Planning and Zoning Division and the Building Services Division for review and
      approval prior to the issuance of a demolition, grading, or building permit and ongoing.

              a) Do not locate sensitive receptors near distribution center’s entry and exit points.
              b) Do not locate sensitive receptors in the same building as a perchloroleythene dry cleaning
                 facility.
              c) Maintain a 50’ buffer from a typical gas dispensing facility (under 3.6 million gallons of
                 gas per year).
              d) Install, operate and maintain in good working order a central heating and ventilation (HV)
                 system or other air take system in the building, or in each individual residential unit, that
                 meets the efficiency standard of the MERV 13. The HV system shall include the following
                 features: Installation of a high efficiency filter and/or carbon filter to filter particulates and
                 other chemical matter from entering the building. Either HEPA filters or ASHRAE 85%
                 supply filters shall be used.
              e) Retain a qualified HV consultant or HERS rater during the design phase of the project to
                  locate the HV system based on exposure modeling from the mobile and/or stationary
                  pollutant sources.
              f) Maintain positive pressure within the building.
              g) Achieve a performance standard of at least one air exchange per hour of fresh outside
                  filtered air.
              h) Achieve a performance standard of at least 4 air exchanges per hour of recirculation
              i) Achieve a performance standard of .25 air exchanges per hour of in unfiltered infiltration
                  if the building is not positively pressurized.
              j) Project applicant shall maintain, repair and/or replace HV system or prepare an Operation
                  and Maintenance Manual for the HV system and the filter. The manual shall include the
                  operating instructions and maintenance and replacement schedule. This manual shall be
                  included in the CC&R’s for residential projects and distributed to the building
                  maintenance staff. In addition, the applicant shall prepare a separate Homeowners Manual.
                  The manual shall contain the operating instructions and maintenance and replacement
                  schedule for the HV system and the filters. It shall also include a disclosure to the buyers
                  of the air quality analysis findings.

95. Air Pollution Buffering for Private Open Space
    Prior to approval of Final Development Plan for each stage
                                                                                                    Page 50


    To the maximum extent practicable, private (individual and common) exterior open space, including
    playgrounds, patios, and decks, shall either be shielded from the stationary source of air pollution by
    buildings or otherwise buffered to further reduce air pollution for project occupants.

APPROVED BY:
City Planning Commission:                                    (date)                        (vote)
City Council:                           (date)                                             (vote)


Applicant and/or Contractor Statement
I have read and accept responsibility for the Conditions of Approval, as approved by Planning Commission
action on     . I agree to abide by and conform to these conditions, as well as to all provisions of the Oakland
Zoning Code and Municipal Code pertaining to the project.

Signature of Owner/Applicant:                                                              (date)
Signature of Contractor                                                                    (date)
Attachment 9:

For City contracting schedules and attachments, please download all the

RFP Packet Forms

At this location on the City’s website:

http://www2.oaklandnet.com/oakca/groups/contracting/documents/form/oak023254.pdf




City of Oakland, CA                                                                35
Coliseum Area Specific Plans RFP

				
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